Recognize provider duties for the company’s own-brand | AIGP
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Recognize provider duties for the company’s own-brand: Which approach correctly allocates responsibility?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

Own-brand market placement can make the energy company a provider, regardless of who originally developed the model.

The question

An energy company configures a vendor’s maintenance model, places it on the market under its own name, and assumes EU AI Act high-risk duties apply. Which approach correctly allocates responsibility?

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  1. Treat the company solely as deployer after purchasing the vendor system.
    Purchasing alone may support deployer status, but marketing the system under the company’s own name can alter statutory responsibilities.
  2. Assign vendor provider duties because the vendor wrote the original model.
    Original development does not alone settle responsibility when another actor markets the system under its own name.
  3. Recognize provider duties for the company’s own-brand market placement. ✓
    Own-name placement can make the company a provider under the EU AI Act, despite the vendor’s underlying development role.
  4. Divide every provider obligation contractually between vendor and company before deployment.
    Contracts may allocate operational tasks, but they cannot override statutory duties assigned by the EU AI Act.
The trap
Check actor role, intended purpose, and own-name placement before assigning obligations.

How to remember it

Own-brand market placement can make the energy company a provider, regardless of who originally developed the model.

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