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RGPD

Article 11

Technical documentation

1.   The technical documentation of a high-risk AI system shall be drawn up before that system is placed on the market or put into service and shall be kept up-to date.

That technical documentation shall be drawn up in such a way as to demonstrate that the high-risk AI system complies with the requirements set out in this Section and to provide national competent authorities and notified bodies with the necessary information in a clear and comprehensive form to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV. SMEs, including start-ups, and SMCs, may provide the elements of the technical documentation specified in Annex IV in a simplified manner. To that end, the Commission shall establish a simplified technical documentation form targeted at the needs of SMEs, including start-ups, and SMCs. Where an SME, including a start-up, or an SMC, opts to provide the information required in Annex IV in a simplified manner, it shall use the form referred to in this paragraph. Notified bodies shall accept the form for the purposes of the conformity assessment.

2.   Where a high-risk AI system related to a product covered by the Union harmonisation legislation listed in Section A of Annex I is placed on the market or put into service, a single set of technical documentation shall be drawn up containing all the information set out in paragraph 1, as well as the information required under those legal acts.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend Annex IV, where necessary, to ensure that, in light of technical progress, the technical documentation provides all the information necessary to assess the compliance of the system with the requirements set out in this Section.

Common Questions

Frequently Asked Questions

What is technical documentation for high-risk AI systems?
Technical documentation is a detailed collection of information prepared before a high-risk AI system is placed on the market or begins operation, showing clearly that the system meets legal standards and providing authorities all details needed for checking the system's compliance with safety regulations.
Who checks the technical documentation for high-risk AI?
National authorities or special organizations called notified bodies review the technical documentation to make sure a high-risk AI system meets required standards; these groups use this information to carefully evaluate if the system complies with safety and quality rules established by the law.
Can small businesses use simpler technical documentation?
Yes. SMEs, including start-ups, and small mid-cap enterprises (SMCs) may provide the elements of the technical documentation listed in Annex IV in a simplified manner. If they do, they must use the Commission's simplified form designed for their needs, which notified bodies must accept for the conformity assessment (Article 11(1)).
When should the technical documentation be updated?
Technical documentation must always be accurate and current, meaning companies need to regularly update it whenever relevant changes happen in their high-risk AI system or when there is new information or technical improvements that could affect how the system meets legal compliance standards.

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