Corrective Action

Corrective Action in the EU AI Act context refers to measures taken to bring a non-compliant AI system into conformity with AI Act requirements, or to remove it from the market if conformity cannot be achieved.

When Corrective Action is Required:

• When an AI system does not conform to AI Act requirements
• When a system presents risks to health, safety, or fundamental rights
• Following market surveillance findings
• After receiving complaints about non-compliance
• When post-market monitoring identifies issues

Provider Obligations (Article 20):

• Take immediate corrective action when aware of non-compliance
• Inform distributors, importers, and deployers of the corrective action
• If non-compliance cannot be remedied, withdraw or recall the AI system
• Inform market surveillance authorities of non-compliance and corrective actions taken

Types of Corrective Action:

• Modification: Changing the AI system to achieve compliance
• Updated Documentation: Correcting instructions for use or technical documentation
• Restricting Use: Limiting the system to compliant use cases
• Withdrawal: Removing the system from the supply chain
• Recall: Retrieving systems already deployed

Market Surveillance Authority Powers:

• Order providers to take corrective action within a specified period
• Require withdrawal or recall of non-compliant systems
• Prohibit or restrict making the AI system available
• Impose administrative fines for failure to comply