Assess substantial modification: Before distribution, which missing control is most direct?
Extensive fine-tuning and a changed intended purpose make substantial-modification assessment the direct unresolved control.
The question
Under the EU AI Act, assume all relevant duties apply. A media company takes a general-purpose video model, fine-tunes it extensively for automated political-news video production, and changes its intended purpose. Existing provider and deployer controls, documentation, transparency, risk management, and monitoring are otherwise satisfied. Before distribution, which missing control is most direct?
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- Add a synthetic-content labelLabeling may address transparency, but it does not determine whether modification changes the company’s statutory actor responsibilities.
- Repeat the vendor’s conformity reviewRepeating prior review may be useful, but the immediate unresolved issue is whether the company’s modification is substantial.
- Assess substantial modification ✓The extensive fine-tuning and changed intended purpose require assessing whether the company has substantially modified the system.
- Adopt the original model’s contractContract terms cannot by themselves override statutory responsibilities created by substantial modification or changed intended purpose.
The trap
When both technical changes and intended-purpose changes appear, evaluate substantial modification before relying on the original provider’s status. How to remember it
Extensive fine-tuning and a changed intended purpose make substantial-modification assessment the direct unresolved control.
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