Article 2: Scope

Official Statutory Text

Article 2 Scope 1. This Regulation applies to: (a) providers placing on the marke tor putting into service AI systems or placing on the market general-purpose AI models in the Uni on, irrespective of whether those providers are established or located within the Union or in a third country ; (b) deployers of AI systems that have their place of establishmentor are located within the Uni on; (c) providers and deployers of AI systems that have their place of establishmentor are locatedin a third country , where the output produced by the AI system is usedin the Union; (d) imp or ters and distributors of AI systems; (e) product manufacturers placing on the marke tor putting into service an AI system together with their product and under their own name or trademark; (f) authorised representatives of providers, whichare not establishedin the Uni on; (g) affected persons that are locatedin the Union. 2. For AI systems classified as high-r isk AI systems in accordance with Article 6(1) related to products covered by the Uni on harmonisation legislation listedin Section B of Annex I, only Article 6(1), Articles 102 to 109 and Article 112 apply . Article 57 applies only insofar as the requirements for high-r isk AI systems under this Regulation have been integratedin that Union harmonisation legislation. 3. This Regulation does not apply to areas outside the scope of Union law , and shall not, in any event, affect the compet ences of the Member States concerning national security , regardless of the type of entity entrusted by the Member States with carrying out tasks in relation to those comp etences. This Regulation does not apply to AI systems where andinsofar they are placed on the marke t, put into service, or used with or without modification exclusively for military , defence or national security purposes, regardless of the type of entity carrying out those activities. This Regulation does not apply to AI systems whichare not placed on the marketor put into service in the Union, where the output is usedin the Uni on exclusively for military , defence or national security purposes, regardless of the type of entity carrying out those activities. 4. This Regulation applies neither to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international cooperation or agreements for law enforcement and judicial cooperation with the Union or with one or more Member States, provided that sucha third countryor international organisation provides adequate safeguards with respect to the protection of fundamental rights and freedoms of individuals. 5. This Regulation shall not affect the application of the provisions on the liability of providers of intermediary services as setout in Chapter II of Regulation (EU) 2022/2065. 6. This Regulation does not apply to AI systems or AI models, including their output, specifically developed and put into service for the sole purpose of scientific researchand development. 7. Union law on the protection of personal data, privacy and the confidentiality of communications applies to personal data processedin connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect Regulation (EU) 2016/679 or (EU) 2018/1725, or Directive 2002/58/EC or (EU) 2016/680, without prejudice to Article 10(5) and Article 59 of this Regulation. 8. This Regulation does not apply to any research, testing or development activity regarding AI systems or AI models prior to their being placed on the marke tor put into service. Suchactivities shall be conductedin accordance withapplicable Union law . Testing in real world conditions shall not be covered by that ex clusion. 9. This Regulation is without prejudice totherules laid downby other Uni on legal acts related to consumer protection and product safety . 10. This Regulation does not apply to obligations of deployers who are natural persons using AI systems in the course of a purely personal non-professional activity . 11. This Regulation does not preclude the Uni on or Member States from maintaining or introducing laws, regulations or administrative provisions whichare more favourable toworkers interms of protect ing their rights in respectof the use of AI systems by employ ers, or from encouraging or allowing the application of collective agreements whichare more favourable towo rkers. 12. This Regulation does not apply to AI systems released under free and open-source licences, unless they are placed on the mark etor put into service as high-r isk AI systems or as an AI system that falls under Article 5 or 50.