The non-EU company is the provider: Under the EU AI Act, what roles do the two companies hold respectively?
The non-EU developer is the provider, and the EU firm bringing the system into the EU market is the importer.
The question
A company established outside the EU develops an AI system, and a separate EU-based firm brings that system into the EU and places it on the market. Under the EU AI Act, what roles do the two companies hold respectively?
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- The non-EU company is the deployer, and the EU firm placing it on the market is the distributor.Plausible but wrong: the non-EU developer is not a user of the system, so it is not the deployer; the roles are misassigned.
- The non-EU company is the provider, and the EU firm placing it on the market is the importer. ✓Correct: the entity that develops and puts its name on the system is the provider, and the EU firm that places a third-country provider's system on the EU market is the importer.
- The non-EU company is the importer, and the EU firm placing it on the market is the provider.Plausible but wrong: the importer is by definition established in the EU, so the non-EU developer cannot be the importer.
- The non-EU company is the distributor, and the EU firm placing it on the market is the deployer.Plausible but wrong: the developer is the provider, not a distributor, and the EU firm brings the system to market as an importer, not a deployer.
The trap
Swapping the provider and importer roles, or treating a system's developer as its deployer. How to remember it
The non-EU developer is the provider, and the EU firm bringing the system into the EU market is the importer.
How many of these would you get right?
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Every answer, right and wrong, comes with its own explanation.
