Article 85

Right to lodge a complaint with a market surveillance authority

Without prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit complaints to the relevant market surveillance authority.
In accordance with Regulation (EU) 2019/1020, such complaints shall be taken into account for the purpose of conducting market surveillance activities, and shall be handled in line with the dedicated procedures established therefor by the market surveillance authorities.

Frequently Asked Questions

Any person or organization that believes the rules of the AI Act have been violated can file a complaint with the appropriate market surveillance authority, who will then investigate according to specified procedures and determine if further actions should be taken to enforce compliance with the rules.
You can submit your complaint directly to the relevant market surveillance authority clearly explaining how you think the regulations were breached; they are obliged to consider every complaint seriously as part of their regular surveillance activities and follow established guidelines to examine and address them.
Once the responsible market surveillance authority receives your complaint, it will verify and assess the circumstances under its established procedures, investigate if necessary, and take the appropriate measures to ensure that the rules established in the AI Act are properly respected by the entities involved.
No, filing a complaint with a market surveillance authority under the AI Act does not affect your right to pursue other legal actions or remedies; you still retain the freedom to take administrative or judicial actions separately if you consider it necessary or helpful to your situation.

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