Authorised representative under the AI Act for non-EU companies

Yes. Article 25 of the AI Regulation establishes that providers of AI systems not established in the EU must appoint an authorised representative in writing before marketing their systems in the European Union. This obligation applies to both high-risk systems and general-purpose AI models. Non-compliance may result in fines of up to €15 million or 3% of global annual turnover.

They are distinct figures regulated by different regulations. The AI Act authorised representative (Art. 25) acts on behalf of the AI system provider before AI Act supervisory authorities. The GDPR representative (Art. 27) acts on behalf of the personal data controller before data protection authorities. In practice, many companies need both, and A2 offers dual representation service.

The authorised representative must: keep technical documentation and conformity records available to authorities, provide information required by competent authorities, cooperate with authorities in supervisory actions, and manage serious incident notification. The provider remains primarily responsible for compliance, but the representative acts as its interface with European authorities.

Yes. We can act as authorised representative for providers of AI systems established in any country outside the EU, including the US, UK, Israel, China, India, Japan, South Korea, Brazil, Mexico, and any other jurisdiction. Our mandate is formalised through a written contract defining the scope of representation.

The cost depends on the type and number of AI systems you market in the EU, the risk category and the additional services required (such as compliance advisory or dual GDPR representation). We offer tiered pricing adapted to company size. Contact us for a customised proposal.

Failure to appoint an authorised representative when mandatory constitutes an infringement of the AI Regulation. Penalties can reach €15 million or 3% of global annual turnover. Additionally, authorities may prohibit the marketing of the AI system in the EU until this obligation is fulfilled.

The appointment is formalised through a written mandate that must include: the identity and contact details of the provider and the representative, the scope of representation, the obligations assumed by the representative pursuant to Art. 25, and the procedures for communication with authorities. The mandate must be signed by both parties and be available to competent authorities upon request.