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RGPD

Article 28

Notifying authorities

1.   Each Member State shall designate or establish at least one notifying authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring. Those procedures shall be developed in cooperation between the notifying authorities of all Member States.

2.   Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by a national accreditation body within the meaning of, and in accordance with, Regulation (EC) No 765/2008.

3.   Notifying authorities shall be established, organised and operated in such a way that no conflict of interest arises with conformity assessment bodies, and that the objectivity and impartiality of their activities are safeguarded.

4.   Notifying authorities shall be organised in such a way that decisions relating to the notification of conformity assessment bodies are taken by competent persons different from those who carried out the assessment of those bodies.

5.   Notifying authorities shall offer or provide neither any activities that conformity assessment bodies perform, nor any consultancy services on a commercial or competitive basis.

6.   Notifying authorities shall safeguard the confidentiality of the information that they obtain, in accordance with Article 78.

7.   Notifying authorities shall have an adequate number of competent personnel at their disposal for the proper performance of their tasks. Competent personnel shall have the necessary expertise, where applicable, for their function, in fields such as information technologies, AI and law, including the supervision of fundamental rights.

Common Questions

Frequently Asked Questions

What is the main role of notifying authorities under the AI Act?
Notifying authorities under the AI Act are responsible for evaluating, designating, notifying and monitoring conformity assessment bodies, making sure these bodies follow the rules when checking AI systems; they also ensure cooperation with authorities from other countries to set up clear and standardized procedures across Europe, protecting objectivity and impartiality.
How does the AI Act prevent conflicts of interest within notifying authorities?
The AI Act ensures independence by requiring notifying authorities to be organized in ways that prevent conflicts of interest with conformity assessment bodies; this means that those involved in making final decisions about assessment bodies must be different people from those who originally assessed the bodies, thereby preserving objectivity and impartiality.
Are notifying authorities allowed to offer consultancy or AI assessment services themselves?
No, under the AI Act notifying authorities must not offer any competitive or commercial consultancy services and cannot perform activities that conformity assessment bodies carry out; this restriction helps ensure independence, maintain objectivity and prevent inappropriate competitive advantages within the market for AI conformity assessments.
Who carries out the assessment and monitoring according to the AI Act?
Member States may choose to have a national accreditation body perform the assessment and monitoring tasks mentioned in the AI Act, following existing regulation (EC No 765/2008); otherwise, these tasks stay with the notifying authority, which must have sufficiently qualified staff skilled in AI technology, law and fundamental rights assessment.
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