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Article 33

Subsidiaries of notified bodies and subcontracting

1.   Where a notified body subcontracts specific tasks connected with the conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements laid down in Article 31, and shall inform the notifying authority accordingly.

2.   Notified bodies shall take full responsibility for the tasks performed by any subcontractors or subsidiaries.

3.   Activities may be subcontracted or carried out by a subsidiary only with the agreement of the provider. Notified bodies shall make a list of their subsidiaries publicly available.

4.   The relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by them under this Regulation shall be kept at the disposal of the notifying authority for a period of five years from the termination date of the subcontracting.

Frequently Asked Questions

Notified bodies remain fully responsible for tasks even if subcontracted or performed by subsidiaries, meaning they must ensure these partners meet all necessary legal requirements, properly inform authorities, and hold accountability for any errors or failures related to subcontracted work under the AI Act rules.
Yes, notified bodies must get explicit agreement from the provider before subcontracting or employing subsidiaries for tasks linked to conformity assessments, ensuring transparency and that providers know exactly who will carry out critical evaluation tasks under the rules set by the AI Act.
Notified bodies are required to keep all important documents about subcontractors’ and subsidiaries’ qualifications and the tasks they performed available for the notifying authority for at least five years after the subcontracting arrangement ends, enabling oversight and accountability under the AI Act.
Yes, notified bodies must maintain and publicly share a list of their subsidiaries, thus providing transparency and allowing providers, authorities, and the public to be aware of all entities involved in conformity assessment tasks according to obligations under the AI Act.

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