EU AI Act authorised representative: when a non-EU (for example Indian) AI provider needs one
Do you need one?
| Your situation | Authorised rep? |
|---|---|
| Non-EU provider of an Annex III high-risk system (for example CV screening or credit scoring) sold to EU customers | Yes, Art. 22 |
| Non-EU provider of a general-purpose AI model placed on the EU market | Yes, Art. 54 (open-source exemption unless systemic risk) |
| Non-EU provider of a chatbot or content tool (not high-risk) | No; meet Article 50 transparency instead |
| EU-established provider | No |
What the representative must be able to do (Art. 22(3))
- Verify that the EU declaration of conformity and technical documentation exist and that conformity assessment was done
- Keep for 10 years, for authorities: your contact details, the declaration, the technical documentation and any certificate
- Give authorities information and documents on request, and cooperate with them
- Handle or verify EU database registration
The mandate must let authorities deal with the representative directly. The representative must end the mandate, and tell the authority, if it believes you are acting against the Regulation.
Timing
For Annex III high-risk systems, on our reading of the Digital Omnibus on AI the obligations apply from 2 December 2027 (2 August 2028 for AI in regulated products). General-purpose AI model duties have applied since 2 August 2025. See what applies now.
Common mistakes
- Confusing it with the GDPR Article 27 representative. They are different roles, though one firm can hold both.
- An importer or distributor assumed to be the rep. The mandate must be written and specific.
- Waiting for the first EU customer. The mandate must be in place before the system is made available.
Frequently asked questions
Does an Indian AI company need an EU authorised representative?
Only if it provides a high-risk AI system (Article 22) or a general-purpose AI model (Article 54) on the EU market. Non-high-risk tools do not need one.
What does an EU AI Act authorised representative do?
It verifies the declaration of conformity and technical documentation, keeps key documents for 10 years, cooperates with authorities and handles registration duties.
Is the AI Act representative the same as the GDPR representative?
No. They are separate legal roles under different regulations, though one provider may appoint the same firm for both.
When must the authorised representative be appointed?
Before the high-risk AI system or general-purpose AI model is made available or placed on the EU market.
Official sources
- EUR-Lex: Regulation (EU) 2024/1689 (AI Act), Articles 2, 22 and 54
- European Commission: AI regulatory framework
- European Commission: European AI Office
Not tax or legal advice. This is a free explainer of public rules; deadlines and rules can change by notification, so confirm on the official portal or with your CA before you file. Last checked 20 Oct 2026.
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