Article 85: Right to Lodge a Complaint with a Market Surveillance Authority
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1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken.
2. Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under that paragraph follow from Union or national law in compliance with Union law.
3. This Article shall apply only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law.
The text used in this tool is the ‘Artificial Intelligence Act, Text of the provisional agreement, 2 February 2024’, which was officially announced in this press release. Interinstitutional File: 2021/0106(COD)
Where new Articles have been added in later versions, and important fixes have been made, these changes have been replicated in the AI Act Explorer too. Also, in the 'Texts Adopted' from March 2024, many items were re-named or re-numbered, and items in the AI Act Explorer were updated accordingly. This means the content on our site no longer matches exactly with any official AI Act draft – it is a hybrid of multiple drafts. If you find an important update in a later draft that has not been updated in our tool, please let us know.
When a final draft is available, all of the text in the AI Act Explorer will be updated to reflect it.
