Compliance

Market Surveillance Authority

A national authority designated to carry out market surveillance activities and measures under Regulation (EU) 2019/1020 to enforce the EU AI Act.

How the laws define this

National rules establish that a Market Surveillance Authority is a designated public entity responsible for monitoring AI compliance, conducting post-market oversight, performing investigations or inspections, and coordinating enforcement with other competent authorities and the European Commission. The central point of divergence is how oversight is structured across instruments. The Draft Act for the Implementation of the EU AI Regulation designates a default national authority, the Bundesnetzagentur, alongside specific sectoral exceptions like BaFin. Conversely, Statutory Instrument No. 366/2025 and the Law of 20 December 2024 distribute market surveillance duties among existing sectoral regulators, including the CSSF for finance and CAA for insurance. Additionally, while Regulation (EU) 2024/1689 combines market surveillance and single-point-of-contact duties within the authority itself, the Law of 20 December 2024 separates these functions by requiring sectoral surveillance authorities to report to a CNPD-coordinated single contact point.

Synthesised from the 6 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first. Showing 5 of the 6 instruments that define this term; all are listed under Definitions below.

Jurisdiction	Instrument	Status	What is distinctive
Germany	Act on the Implementation of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on Laying Down Harmonised Rules on Artificial Intelligence and Amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Act on the Implementation of the Artificial Intelligence Regulation - AI-MIG)	In Force	Nominates Bundesnetzagentur as default authority with sectoral exceptions like BaFin for financial high-risk AI systems, and specifies its roles in notifications, post-market monitoring, reporting, and cooperation.
Denmark	Act on Supplementary Provisions to the Regulation on Artificial Intelligence	In Force	Explicitly empowers the agency to request information, access premises, perform on-site technical examinations, issue corrective orders, require recalls or withdrawals, and impose temporary bans.
Ireland	Statutory Instrument No. 366/2025 — Designation of National Competent Authorities and Single Point of Contact for AI Act implementation	In Force	Limits to existing sectoral regulators designated under Article 74 for specific Annex I points, focusing on post-market monitoring, enforcement coordination, and cooperation.
Luxembourg	Law of 20 December 2024 on implementing rules and penalties related to the EU Artificial Intelligence Act	Under Review	Specifies sectoral supervisory authorities like CSSF for finance and CAA for insurance, including proactive monitoring, reactive investigations, sample testing, on-site inspections, and supervised access to model artefacts.
Netherlands	Final Advice on the Organisation of AI Supervision	Adopted	Describes a designated authority under both the AI Regulation and Regulation (EU) 2019/1020 focused on post-market monitoring and enforcement of product-style and Annex I/III AI systems through inspections and corrective actions.

What it triggers

In Germany, under the Act on the Implementation of the Artificial Intelligence Regulation (AI-MIG), it receives notifications, conducts post-market monitoring, coordinates reporting and cooperation with other competent bodies and the Commission.source
In Denmark, under the Act on Supplementary Provisions to the Regulation on Artificial Intelligence, it can request information, access premises, perform on-site technical examinations, issue corrective orders, require recalls or withdrawals, impose temporary bans, and publish enforcement decisions.source
In Ireland, under Statutory Instrument No. 366/2025, it performs market surveillance functions for mapped Annex I points, including post-market monitoring, enforcement coordination, and cooperation with other competent authorities.source

Definitions (6)

The national competent authority designated to carry out market surveillance under the EU AI Regulation; the draft nominates the Bundesnetzagentur as the default authority, with sectoral exceptions (e.g., BaFin for certain financial‑sector high‑risk AI systems). It receives notifications, conducts post‑market monitoring, coordinates reporting and cooperation with other competent bodies and the Commission.

Draft Act for the Implementation of the EU AI Regulation (Gesetz zur Durchführung der KI‑Verordnung - KI‑MIG)Definition 1 of 6

The national agency designated by the Act to monitor and enforce compliance with Regulation (EU) 2024/1689 within Denmark; empowered to request information, access premises, perform on‑site technical examinations, issue corrective orders, require recalls or withdrawals, impose temporary bans, and publish enforcement decisions, while cooperating with other national and sectoral regulators as appropriate.

Act on Supplementary Provisions to the Regulation on Artificial Intelligence (Lov om supplerende bestemmelser til forordningen om kunstig intelligens)Definition 2 of 6

An existing sectoral regulator named in the Schedule and designated under Article 74 to perform market surveillance functions for mapped Annex I points, including post-market monitoring, enforcement coordination, and cooperation with other competent authorities.

Statutory Instrument No. 366/2025 — Designation of National Competent Authorities and Single Point of Contact for AI Act implementationDefinition 3 of 6

A national authority designated under the AI Regulation (and Regulation (EU) 2019/1020) to perform post-market monitoring and enforcement of product‑style and Annex I/III AI systems. It conducts inspections, requests documentation, initiates corrective actions, and coordinates cross‑authority responses to ensure products on the market comply with applicable safety and regulatory requirements.

Final Advice on the Organisation of AI Supervision (Eindadvies inrichting AI-toezicht) — AP & RDIDefinition 4 of 6

A national supervisory authority (e.g., CSSF for financial sector, CAA for insurance, national medicines agency for medical AI) designated to carry out market surveillance duties, including proactive monitoring, reactive investigations, sample testing, on‑site inspections, and supervised access to model artefacts under legal safeguards. These authorities enforce compliance in their sectors and report to the CNPD-coordinated single contact point.

Law of 20 December 2024 on implementing rules and penalties related to the EU Artificial Intelligence ActDefinition 5 of 6

A Member State‑designated authority tasked with market surveillance, post‑market monitoring, enforcement of conformity and acting as the single point of contact for AI matters in that Member State; it coordinates with other national authorities, notified bodies and the Commission in oversight and enforcement activities.

Regulation (EU) 2024/1689 — Artificial Intelligence ActDefinition 6 of 6

Not to be confused with

Market Surveillance

Market surveillance is the activity of ongoing monitoring and enforcement, while Market Surveillance Authority is the specific national authority designated to carry it out.

Notifying Authority

Notifying Authority designates and monitors conformity assessment bodies, whereas Market Surveillance Authority handles post-market monitoring and enforcement of AI systems on the market.

Questions and answers

Who is the Market Surveillance Authority in Germany for the EU AI Act?

The Bundesnetzagentur is nominated as the default authority under the AI-MIG, with exceptions like BaFin for certain financial-sector high-risk AI systems. It handles notifications, post-market monitoring, and coordination.

What powers does the Danish Market Surveillance Authority have under the AI Act?

It is empowered to request information, access premises, conduct on-site technical examinations, issue corrective orders, require recalls or withdrawals, impose temporary bans, and publish decisions while cooperating with other regulators.

Which authorities are designated in Ireland for AI market surveillance?

Existing sectoral regulators named in the Schedule of S.I. No. 366/2025 are designated under Article 74 to perform market surveillance for specific Annex I points, including post-market monitoring and enforcement coordination.