EU AI Act Providers vs Deployers: Who Owns Article 16 vs Article 26 Obligations
The EU AI Act assigns different obligations to providers and deployers of high-risk AI systems. Article 16 covers provider obligations; Article 26 covers deployer obligations. The split matters because most enterprises operating AI in the EU are deployers, not providers, and the deployer obligations are routinely underestimated. The Digital Omnibus on AI (Regulation (EU) 2026/1744) deferred standalone Annex III high-risk obligations from August 2, 2026 to December 2, 2027, and embedded Annex I systems to August 2, 2028, but the provider-deployer split itself did not change. This article walks the provider-deployer split, the cases that change the assignment, and the architectural artifacts each side needs.
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