EU AI Act Distributor Obligations: Making AI Available in the EU
A distributor is any operator in the supply chain — other than the provider or importer — that makes an AI system available on the EU market. Under Article 24 you don't repeat the full conformity work, but you must check the essentials before you pass a high-risk system down the chain, and act if something is wrong.
Are you a distributor?
You are a distributor if you make an AI system available on the EU market and you are not the provider or the importer — typically a reseller, marketplace or channel partner. Your duties are lighter than a provider's or importer's, but they are real: you are a checkpoint, and if you ignore a non-conformity you share liability.
The mistake teams make
The trap is scale-up under Art. 25: a distributor (or importer, or deployer) that puts its own name or trademark on a high-risk system, or substantially modifies it, is treated as the provider and inherits the entire Art. 16 obligation set. 'We only resell it' stops being true the moment your brand goes on the box.
Distributor obligations, article by article
- Art. 24(1)Verify CE marking
Before making available, check the high-risk system bears the CE marking.
- Art. 24(1)Verify declaration & instructions
Check the EU declaration of conformity and instructions for use are present.
- Art. 24(1)Verify provider/importer duties
Check the provider and importer met their labelling and documentation duties.
- Art. 24(2)Don't distribute non-conforming systems
If you believe a system doesn't conform, don't make it available until it does.
- Art. 24(3)Storage & transport conditions
Ensure conditions in your control don't jeopardise the system's conformity.
- Art. 24(4)Corrective action
Take corrective action, withdraw or recall, and inform the chain if you find non-conformity.
- Art. 24(6)Cooperate with authorities
Provide authorities the information and documentation needed to show conformity.
Key deadlines
- 2 Aug 2026 — distributor obligations for high-risk systems (Art. 24) apply
- 2 Aug 2027 — high-risk systems that are safety components of regulated products
FAQ
Are marketplaces and resellers distributors?
Generally yes. If you make an AI system available on the EU market without being the provider or importer, you're a distributor and the Art. 24 verification duties apply. Online marketplaces facilitating sales can fall into this role depending on how they operate.
What must a distributor check?
Before making a high-risk system available you must verify it bears the CE marking, is accompanied by the EU declaration of conformity and instructions for use, and that the provider and importer met their obligations. If any is missing, don't distribute it.
Can a distributor become a provider?
Yes. Under Art. 25, putting your own name/trademark on a high-risk system or substantially modifying it makes you the provider for that system, with the full Art. 16 obligations.
Not sure? You might also be a…
Run the free 2-minute checker — deterministic, no sign-up.