Article 86: Right to explanation of individual decision-making

Yes, Article 86 gives any affected person the right to a clear and meaningful explanation of the role of the high-risk AI system in a decision that produces legal effects.

The right to explanation applies to decisions made based on high-risk AI systems listed in Annex III (except point 2), that produce legal effects or similarly significant effects.

Article 86 of the AI Act does not provide a general exemption for SMEs. However, the AI Act includes supportive measures and potentially lighter obligations for small and medium-sized enterprises, depending on their role in the AI value chain.

Article 86 of the AI Act complements the GDPR. While the GDPR protects personal data, the AI Act focuses on the safety and trustworthiness of AI systems. Organisations must comply with both regulations when their AI system processes personal data.

The AI Act follows a phased implementation. Prohibited AI practices apply from February 2025, obligations for high-risk AI systems from August 2026, and other provisions take effect gradually. The specific deadline for Article 86 depends on the category of the obligation.

Yes, Article 86 of the AI Act may also be relevant when you purchase AI systems. As a deployer, you have your own obligations under the AI Act, regardless of whether you developed the system yourself or purchased it from a provider.

Under Article 86 of the AI Act, the provider is the entity that develops or places the AI system on the market, while the deployer is the entity that uses the system under its own authority. Both roles carry different obligations.

Article 86 of the AI Act requires that relevant documentation is maintained as part of the compliance process. This may include technical documentation, instructions for use, logs or declarations of conformity, depending on the classification of the AI system.