Article 91: Power to Request Documentation and Information

Summary of Article 91

  • Commission’s Role in Information Requests: The Commission can request documentation and additional information from providers of general-purpose AI models to assess compliance with this Regulation, including fulfilling requests substantiated by the scientific panel.
  • Provider’s Responsibility in Responding to Information Requests: Providers or their representatives are obligated to supply requested information accurately and completely, with legal accountability for any misleading or incorrect submissions.
  • AI Office’s Role in Structured Dialogue: Before issuing an information request, the AI Office may engage in a structured dialogue with the provider to facilitate compliance.

Commission’s Role in Information Requests

1. The Commission may request the provider of the general-purpose AI model concerned to provide the documentation drawn up by the provider in accordance with Articles 53 and 55, or any additional information that is necessary for the purpose of assessing compliance of the provider with this Regulation.

3. Upon a duly substantiated request from the scientific panel, the Commission may issue a request for information to a provider of a general-purpose AI model, where the access to information is necessary and proportionate for the fulfilment of the tasks of the scientific panel under Article 68(2).

4. The request for information shall state the legal basis and the purpose of the request, specify what information is required, set a period within which the information is to be provided, and indicate the fines provided for in Article 101 for supplying incorrect, incomplete or misleading information.

AI Office’s Role in Structured Dialogue

2. Before sending the request for information, the AI Office may initiate a structured dialogue with the provider of the general-purpose AI model.

Provider’s Responsibility in Responding to Information Requests

5. The provider of the general-purpose AI model concerned, or its representative shall supply the information requested. In the case of legal persons, companies or firms, or where the provider has no legal personality, the persons authorised to represent them by law or by their statutes, shall supply the information requested on behalf of the provider of the general-purpose AI model concerned. Lawyers duly authorised to act may supply information on behalf of their clients. The clients shall nevertheless remain fully responsible if the information supplied is incomplete, incorrect or misleading.

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About the author
Philip Mohr

Philip Mohr

Philip Mohr, a certified AIGP, is an AI governance consultant with over a decade of expertise in product management, data governance and privacy, leading initiatives at Addtrust (addtrust.com).

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