Artificial Intelligence in Australia
Definitions
Law / proposed law in Australia
Australia has not enacted a standalone, comprehensive AI Act or another generally applicable AI-specific statute equivalent to the European Union’s AI Act. The current Australian approach is to apply existing technology-neutral laws, sector-specific regulation, enforceable online-safety instruments, public-sector policy and voluntary responsible-AI guidance. Whether a rule applies turns on the use case, the data and parties involved, the sector, the deployment model and the system’s effects.
The National AI Plan, released in early December 2025, sets the Australian Government’s policy direction around three objectives: capturing the opportunity, spreading the benefits, and keeping Australians safe. For regulation, the Government’s stated preference is to build on existing legal and regulatory frameworks. Targeted intervention may still be considered where existing frameworks cannot adequately address a demonstrated risk.
On 15 July 2026, Prime Minister Anthony Albanese announced proposed Australian Standards for AI and the establishment of an Office of AI within the Department of the Prime Minister and Cabinet. The proposal is expected to be considered by National Cabinet in August 2026, with legislation expected in early 2027, and may result in a more targeted mandatory framework for aspects of AI regulation in Australia.
Existing laws potentially relevant to AI include the Privacy Act 1988 (Cth), the Australian Consumer Law, competition law, copyright and other intellectual-property laws, breach of confidence, contract law, defamation, anti-discrimination law, employment and workplace-surveillance law, work health and safety law, product-liability law, directors’ duties, criminal and cybercrime law, the Online Safety Act 2021 (Cth), the Security of Critical Infrastructure Act 2018 (Cth), administrative law, financial-services and prudential regulation, health and therapeutic-goods regulation, education law and state and territory privacy, health-records, surveillance and public-sector laws. The list is not exhaustive, and no single regime governs all AI activity.
AI.gov.au was published in May 2026 as the consolidated Australian Government portal for responsible-AI guidance, tools and resources. It is operated through the National AI Centre within the Department of Industry, Science and Resources.
Automated decision-making transparency under the Privacy Act
From 10 December 2026, an Australian Privacy Principle (APP) entity must include additional information in its privacy policy under APPs 1.7–1.9 where it has arranged for a computer program to make a decision, or to do a thing substantially and directly related to making a decision, that could reasonably be expected to significantly affect an individual’s rights or interests, and personal information about the individual is used in operating that program. The policy must describe the kinds of personal information used, the kinds of decisions made solely by those programs and the kinds of decisions for which those programs do something substantially and directly related to making the decision.
These are transparency obligations. They do not, by themselves, create a general right not to be subject to automated decision-making. The Office of the Australian Information Commissioner (OAIC) consulted on implementation guidance in May 2026; the final guidance should be checked before the provisions commence.
State and territory overlays
State and territory laws can be material, particularly for public-sector, health, education, law-enforcement, surveillance and workplace uses. Relevant overlays may include privacy and health-records statutes, information-sharing laws, surveillance-device and workplace-surveillance legislation, public-records requirements, anti-discrimination law and sector-specific governance duties.
Regulatory guidance / voluntary codes in Australia
The current Australian Government framework for voluntary responsible-AI adoption is the National AI Centre’s Guidance for AI Adoption, which was released in October 2025 and is now hosted through AI.gov.au. It is available in a foundations version for early or lower-risk adoption and an implementation-guidance version for more complex or higher-risk uses. The guidance includes an AI screening tool, AI policy guide and template, AI register template and a glossary. The framework is organised around six essential practices:
- Decide who is accountable;
- Understand impacts and plan accordingly;
- Measure and manage risks;
- Share essential information;
- Test and monitor; and
- Maintain human control.
These practices are voluntary and non-binding guidance. They are designed to help organisations operationalise responsible AI consistently with existing Australian laws and risk-management expectations; they do not create an independent cause of action or substitute for sector-specific legal analysis.
Australia’s AI Ethics Principles were published in November 2019. The Voluntary AI Safety Standard, published in September 2024, later expressed responsible-AI practices through ten voluntary guardrails. The current six-practice Guidance for AI adoption is now the principal economy-wide Australian Government responsible-AI adoption guidance. References to the ten guardrails should therefore be understood as historical rather than as the current government framework.
In September 2024, the Department of Industry, Science and Resources released a proposals paper on mandatory guardrails for AI in high-risk settings. The Government has since stated that it will not proceed with those proposals at this time. The paper is therefore a historical consultation document, not law and not a currently progressing legislative regime. Its suggested high-risk criteria may still be useful as background policy material, but they must not be expressed as mandatory obligations.
The Productivity Commission’s final report, Harnessing data and digital technology, issued on 10 December 2025, recommends that AI-specific regulation be used only as a last resort where existing regulatory frameworks cannot be sufficiently adapted to handle AI related harms and technology-neutral regulation is infeasible or cannot adequately mitigate the risks. That recommendation expressly addresses the previous mandatory-guardrails proposal.
Privacy, automated decision-making and cyber guidance
On 21 October 2024, the OAIC released guidance for organisations using commercially available AI products and separate guidance for developers training or adapting generative-AI models. The OAIC emphasises that Privacy Act obligations may apply to personal information in prompts, training or fine-tuning data, system logs or other records where they contain personal information and outputs, including inferred, inaccurate or artificially generated information where it is about an identified or reasonably identifiable individual. The OAIC advises AI developers to take reasonable steps to ensure accuracy in generative AI models, such as implementing quality assurance controls to mitigate the risk of biased or inaccurate output prior to release. Public availability of data does not, by itself, establish that collection or use for model training is lawful.
The Commonwealth Ombudsman’s Automated Decision-Making Better Practice Guide was updated in March 2025 in collaboration with the OAIC and the Attorney-General’s Department. It addresses legality, procedural fairness, transparency, accountability, reviewability and system governance in government decision-making. In January 2026, the OAIC also reported on agencies’ publication of automated-decision operational information under the Freedom of Information Act 1982 (Cth) Information Publication Scheme.
On 23 May 2025, the Australian Signals Directorate’s Australian Cyber Security Centre and international counterparts published AI data-security guidance. It addresses risks across the AI lifecycle, including data-supply-chain compromise, maliciously modified or poisoned data, data drift, provenance, access controls, secure storage and integrity protection.
Commonwealth Government use
Version 2.0 of the Policy for the responsible use of AI in government took effect on 15 December 2025. It applies to non-corporate Commonwealth entities subject to specified exclusions, including defence and national-intelligence contexts, and corporate Commonwealth entities are encouraged to adopt it. The policy requires, among other things, accountable officials, transparency statements, a strategic AI-adoption position, operational governance, accountable use-case owners, internal use-case registers, staff training and impact assessment. Additional senior governance applies to higher-risk in-scope uses. These are government-policy requirements, not general economy-wide law.
The Australian Government released the AI Plan for the Australian Public Service 2025 on 12 November 2025. It is organised around the pillars of Trust, People and Tools and aims to expand safe AI capability, access and adoption across the Australian Public Service.
Appointed supervisory authority in Australia
Australia has not appointed a single statutory authority with general enforcement jurisdiction over all AI systems. There is no central Australian AI regulator equivalent to an authority administering a comprehensive AI Act.
The Australian AI Safety Institute has been announced as a key National AI Plan action and sits within the Department of Industry, Science and Resources. It replaced the previously planned AI Advisory Body, which was discontinued in February 2026. It is intended to perform technical analysis, monitoring, testing and policy-support functions and to support government agencies and existing regulators. It is not an enforcement regulator and does not displace statutory regulators or alter their legal remits.
Existing regulators continue to supervise AI-related conduct within their statutory mandates. Depending on the use case, they include the OAIC for privacy and freedom of information; the Australian Competition and Consumer Commission (ACCC) for competition and consumer protection; the eSafety Commissioner for online safety; the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) for financial services, markets and prudential and operational-risk matters; the Therapeutic Goods Administration (TGA) and health regulators for therapeutic goods, medical devices and health uses; workplace, safety and anti-discrimination bodies; cyber security and critical-infrastructure authorities; ombudsmen and administrative-review bodies; and state and territory regulators. A single AI deployment may engage several regulators concurrently.
Definitions in Australia
Australian legislation does not presently contain a single, generally applicable statutory definition of ‘AI system’, ‘AI technology producer’, ‘provider’, ‘deployer’ or ‘user’ for all purposes. Definitions can instead arise within particular statutes, contracts, technical standards or sector-specific rules and must be read in their own context.
The National AI Centre’s current terms page uses an Organisation for Economic Co-operation and Development (OECD)-aligned concept of an AI system: a machine-based system that infers from inputs how to generate outputs, such as predictions, content, recommendations or decisions, capable of influencing physical or virtual environments; AI systems differ in autonomy and post-deployment adaptiveness. The guidance also uses the following non-statutory role descriptions:
- AI deployer: an individual or organisation that supplies or uses an AI system to provide a product or service, whether internally or externally.
- AI technology producer: an organisation or entity that designs, develops, tests and provides AI technologies such as models and components.
- AI platform, product or service provider: an organisation or entity that provides products or services using one or more AI systems.
- AI user: an entity that uses or relies on an AI system.
The OAIC distinguishes the underlying model from the broader AI system in which it is deployed. As an explanatory matter, that broader system may also encompass data, software, interfaces and operational processes. Governance controls and human decision points may be important components of a deployment, but they should be identified as contextual system-design features rather than presented as a verbatim OAIC definition.
Prohibited activities in Australia
Australia has not enacted a comprehensive list of prohibited AI practices equivalent to the prohibited-practices regime in the European Union AI Act. AI-enabled conduct may nevertheless be prohibited, restricted or actionable under existing laws.
Existing legal prohibitions and restrictions
Depending on the facts, existing law may prohibit or regulate unlawful collection, scraping, use or disclosure of personal information; misuse of biometric information; serious invasion of privacy; misleading representations and unfair consumer practices; unlawful discrimination; defamation; copyright infringement; breach of confidence; unauthorised surveillance or workplace monitoring; computer offences, malware and unauthorised access; child sexual exploitation material; financial or professional services supplied without required authorisation; unsafe therapeutic goods or medical devices; and unlawful or procedurally unfair government decision-making.
Online-safety codes, standards and enforcement
The Online Safety Act 2021 (Cth) supports mandatory industry codes and standards for sections of the online industry. The Online Safety Codes and Standards regulate online activities involving class 1 and class 2 material. Phase 1, now referred to as the Unlawful Material Codes and Standards, focuses on class 1A and class 1B material, including seriously harmful content such as child sexual exploitation material, pro-terror material, and extreme crime and violence material. Phase 2, now reflected in the Age-Restricted Material Codes, focuses on class 1C and class 2 material, including online pornography and other age-inappropriate material. AI-generated material is treated in the same way where it falls within the relevant classification category. Requirements can apply to service categories that include designated internet services, including high-impact generative-AI designated internet services where covered by the relevant instrument. The precise obligation depends on the relevant code or standard, service category and risk profile.
The OAIC’s Clearview AI determination remains a leading illustration of existing privacy law being applied to AI-enabled facial recognition and large-scale scraping of images from publicly available online sources.
Government announcements about additional or broader restrictions on non-consensual sexually explicit AI-generated content, app distribution or search access should be described as policy proposals unless and until the relevant legislation or instrument is enacted and commenced. They should be kept separate from existing criminal offences, online-safety instruments and regulator enforcement powers.
High-risk AI in Australia
Australia has no generally applicable statutory classification or compliance regime for ‘high-risk AI’. The expression is currently a governance and policy concept, except where a particular sectoral law or instrument independently imposes risk-based obligations.
The September 2024 mandatory-guardrails proposals paper suggested that a future framework could consider adverse impacts on individual rights, health and safety; groups and collective or cultural rights; and the broader economy, society, environment and rule of law, together with the severity and extent of those impacts. Those proposed criteria never became binding law and the proposal is not proceeding at this time.
The current Guidance for AI adoption uses a risk-scaled approach. Its implementation guidance is directed to more complex or higher-risk uses and recommends stronger accountability, impact analysis, risk management, information sharing, testing, monitoring and human control. As a governance matter, indicators warranting enhanced controls may include significant effects on rights or access to services; impacts on vulnerable people or communities; safety-critical functions; opaque or difficult-to-contest outcomes; large-scale or systemic deployment; material cyber or data risks; and serious consequences from error, bias or model failure.
Organisations using AI in higher-impact contexts should, as a governance recommendation rather than a general statutory command, document use cases and accountabilities, conduct proportionate impact and legal assessments, test and monitor performance, manage data quality and provenance, maintain effective escalation and override processes, enable complaints and contestability, and integrate AI controls with existing privacy, cyber, consumer, safety and sectoral compliance systems.
Controls on generative AI in Australia
Australia has not enacted a generally applicable statute devoted exclusively to generative AI. Generative-AI development and use are regulated through existing laws and, where applicable, sectoral instruments including the Online Safety Act codes and standards.
Privacy and data
Developers and deployers should determine whether training, fine-tuning, retrieval-augmented generation, prompting, logging or other records where they contain personal information, or output handling involves personal information; whether collection, use and disclosure are lawful and fair; whether an APP notice or privacy-policy update is required; whether information is accurate and secure; whether cross-border disclosure rules are engaged; and whether access, correction, retention and deletion obligations apply. Public accessibility does not automatically make data lawful to collect or use for training.
Consent is not universally required for every handling of personal information under the Privacy Act. An entity should determine whether consent is required or relied upon, particularly for sensitive information or secondary uses, and whether another applicable permission or exception is available. The analysis depends on the relevant Australian Privacy Principle and the facts.
The OAIC treats personal information entered into an AI system and personal information contained in system output as potentially regulated, including inferred, inaccurate or hallucinated information about an identified or reasonably identifiable person. The OAIC recommends particular caution with sensitive information and publicly available generative-AI tools.
Cyber security and operational control
AI-specific security analysis should address access control, data leakage, prompt injection, insecure output handling, model inversion or extraction, maliciously modified or poisoned data, supply-chain compromise, model drift, logging, provenance, change control and incident response. Organisations subject to critical-infrastructure, prudential or other cyber security regimes must integrate AI controls with those binding requirements rather than treat AI governance as a standalone exercise.
AI-generated content transparency
The National AI Centre first published voluntary best-practice guidance on AI-generated content transparency, covering labelling, watermarking and metadata recording, on 28 November 2025. The current version, published on 22 April 2026, recommends proportionate disclosure methods such as labelling, watermarking and metadata or provenance measures. This is voluntary best-practice guidance, not a generally applicable statutory labelling regime. Separate binding obligations may arise under consumer, electoral, online-safety, privacy or sector-specific law depending on the content and context.
Enforcement / fines in Australia
Australia has no general, cross-economy AI Act enforcement or penalty regime. AI-specific or AI-relevant obligations may nevertheless be enforced under existing legislation and sectoral instruments. The regulator, cause of action, available remedy and maximum penalty depend on the particular provision, the conduct, the date of contravention and the defendant.
- A serious or repeated interference with privacy under the Privacy Act can attract a maximum civil penalty of AUD 2.5 million for a person other than a body corporate. For a body corporate, the maximum is the greater of AUD 50 million, three times the value of the benefit reasonably attributable to the conduct, or, if that value cannot be determined, 30% of adjusted turnover during the breach turnover period. Other Privacy Act contraventions have different consequences. The statutory tort for serious invasions of privacy also creates a private court pathway, subject to its elements, remedies, defences and exemptions.
- Competition and consumer law. AI-related representations, sales practices or product conduct may engage the Australian Consumer Law and competition law. For many offence and civil-penalty provisions, the maximum corporate penalty for conduct on or after 28 March 2026 is the greater of AUD 100 million, three times the reasonably attributable benefit where that value can be determined, or 30% of adjusted turnover during the breach turnover period where it cannot. Other provisions have lower maxima. The general prohibition on misleading or deceptive conduct under the Australian Consumer Law is not itself a pecuniary-penalty provision, although related conduct may contravene civil-penalty provisions and injunctions, damages, compensation and other remedies may be available.
- Online safety. Non-compliance with a standard, or with a direction to comply with a code, can result in civil-penalty proceedings. The maximum identified in eSafety’s regulatory guidance is 30,000 penalty units per contravention for an individual and five times that amount for a corporation. Different Online Safety Act contraventions may carry different maxima.
- Other regimes. AI uses may also attract regulatory orders, licence consequences, remediation, compensation, injunctions, enforceable undertakings, disqualification, criminal liability or judicial and merits review under financial-services, health, workplace, discrimination, cybercrime, critical-infrastructure, administrative-law and other sectoral regimes. Penalty figures should be rechecked on the publication date and should never be applied without identifying the specific contravention.
User transparency in Australia
Transparency is a central feature of Australian responsible-AI policy, but its legal source and effect vary. The current Guidance for AI adoption recommends sharing essential information about AI systems and maintaining human control. The National AI Centre’s AI-generated content guidance recommends proportionate disclosure, labelling, watermarking and provenance measures. These recommendations are voluntary unless another law or instrument makes disclosure mandatory in the relevant context.
Under the Privacy Act, APP entities may need to explain personal-information handling through privacy policies and APP 5 collection notices and to facilitate access and correction. From 10 December 2026, the specific automated decision-making privacy-policy disclosures described in the Automated decision-making transparency under the Privacy Act section will apply to qualifying arrangements. The OAIC’s final implementation guidance should be checked before commencement.
For Commonwealth Government entities within scope, the responsible-use policy requires transparency statements, strategic and operational governance, use-case accountability, registers, training and impact assessment. Administrative law may also require lawful authority, procedural fairness, reasons and reviewability. The OAIC’s January 2026 Information Publication Scheme report recommends improved publication of operational information about automated decision-making by government agencies.
Fairness / unlawful bias in Australia
Australia does not have a single AI fairness statute. Unfair or biased AI outcomes can nevertheless engage Commonwealth, state or territory anti-discrimination laws, employment law, consumer protection, privacy, credit, education, health, administrative law and other sector-specific duties. The applicable protected attributes, tests, exemptions, remedies and responsible parties depend on the relevant statute and context.
The current Guidance for AI adoption addresses fairness through impact analysis, stakeholder engagement, risk management, testing, monitoring and human control. The OAIC identifies bias and discrimination risks where data are incomplete, inaccurate, unrepresentative or encode historical disadvantage. These are guidance propositions unless linked to a specific legal obligation.
As a governance matter, organisations deploying higher-impact AI should test for discriminatory or materially inaccurate outcomes before and after deployment; assess performance across relevant cohorts; document limitations; monitor complaints and drift; maintain escalation and contestability pathways; and ensure that human reviewers have the authority and information needed to correct inappropriate outcomes.
Human oversight in Australia
The sixth essential practice in the current Guidance for AI adoption is to maintain human control. The guidance recommends designing systems and operating processes so that people can supervise, intervene, escalate, override or stop AI use where appropriate to the system’s risk and impact.
Human involvement should be meaningful rather than ceremonial. Reviewers need appropriate expertise, authority, information, independence and time; they should understand relevant system limitations and avoid merely endorsing an automated result. The appropriate form of oversight may range from periodic monitoring for low-impact tools to mandatory approval, dual control, escalation or prohibition of autonomous action in higher-impact contexts.
For government decision-making, human oversight must be assessed alongside statutory authority, lawful delegation, procedural fairness, reasons, evidence, recordkeeping and review rights. For private-sector systems, the necessary controls depend on the consequences of the use case and the privacy, consumer, safety, discrimination, professional, cyber security and sectoral laws engaged. Human review does not cure an otherwise unlawful system or decision.
Australian legislation does not presently contain a single, generally applicable statutory definition of ‘AI system’, ‘AI technology producer’, ‘provider’, ‘deployer’ or ‘user’ for all purposes. Definitions can instead arise within particular statutes, contracts, technical standards or sector-specific rules and must be read in their own context.
The National AI Centre’s current terms page uses an Organisation for Economic Co-operation and Development (OECD)-aligned concept of an AI system: a machine-based system that infers from inputs how to generate outputs, such as predictions, content, recommendations or decisions, capable of influencing physical or virtual environments; AI systems differ in autonomy and post-deployment adaptiveness. The guidance also uses the following non-statutory role descriptions:
- AI deployer: an individual or organisation that supplies or uses an AI system to provide a product or service, whether internally or externally.
- AI technology producer: an organisation or entity that designs, develops, tests and provides AI technologies such as models and components.
- AI platform, product or service provider: an organisation or entity that provides products or services using one or more AI systems.
- AI user: an entity that uses or relies on an AI system.
The OAIC distinguishes the underlying model from the broader AI system in which it is deployed. As an explanatory matter, that broader system may also encompass data, software, interfaces and operational processes. Governance controls and human decision points may be important components of a deployment, but they should be identified as contextual system-design features rather than presented as a verbatim OAIC definition.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
Laws specifically addressing AI have not been introduced in Brazil yet.
Draft Article 4 of the proposed Brazilian AI Bill sets out the following definitions:
Artificial intelligence system
‘machine-based system that, with different degrees of autonomy and for explicit or implicit purposes, infers, from a set of data or information it receives, how to generate results, in particular, predictions, content, recommendations or decisions that can influence the virtual, physical or real environment’ (draft Article 4, I).
Developer
‘a natural or legal person, whether public or private, who develops an artificial intelligence system, directly or on commission, with a view to placing it on the market or applying it to a service provided by them, under their own name or brand, for a fee or free of charge’ (draft Article 4, V).
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
National laws specifically addressing AI have not yet passed in Canada. The Privacy Principles differentiate between developers and providers (individuals or organisations that develop or train foundation models or generative AI systems, or that put such systems onto the market) and organisations using generative AI as part of their activities.
Article 3 of the Chilean AI Bill provides the following definitions:
AI System
"System based on machines, algorithms or mathematical models that, by explicit or implicit objectives, infers, from the input it receives, how to generate results or outputs such as predictions, contents, recommendations or decisions that can influence social, physical or virtual environments. Different AI systems can vary in their levels of autonomy and adaptability after implementation."
General-purpose AI System
"An AI system capable of performing multiple general-purpose functions, such as image or voice recognition, audio processing, video generation, pattern detection, question answering or translation, and which may generate both predictable and unpredictable outputs"
Provider
"Any natural or legal person or government agency that develops an AI system with a view to introducing it on the market or putting it into service, whether free of charge or for a fee."
The PRC does not yet have an omnibus AI regulation – instead, the PRC has adopted a sector-driven approach. That said, there are relevant definitions under specific laws and regulations.
Under the GenAI Measures:
- "Generative AI technology" refers to "models and related technologies that have the ability to generate texts, images, audios, videos or other content."
- "Generative AI service provider" refers to "any organisation or individual that uses generative AI technology to provide generative AI services (including providing such services through providing programming interfaces or other means)."
- "Generative AI service user" refers to "any organisation or individual who uses generative AI services to generate content."
Under the Deep Synthesis Provisions:
- "Deep synthesis technology" refers to "any technology that employs deep learning, virtual reality or any other generative or synthetic algorithm to generate texts, images, audio, video, virtual scenes or other network information."
- "Deep Synthesis services provider" refers to "any organisation or individual who provides deep synthesis services."
- "Providers of technical support for deep synthesis services" refers to "any organisation or individual who provides technical support for deep synthesis services."
- "User of deep synthesis services" refers to "any organisation or individual who uses deep synthesis services to generate, reproduce, release or distribute information."
- "Training data" refers to "labelled or benchmark datasets used for training machine learning models."
Under the Recommendation Algorithms Provisions:
- "Application of recommendation algorithm technologies" refers to "using algorithm technologies such as generation and synthesis technology, personalised pushing technology, ranking and selection technology, retrieval and filtering technology, and dispatching and decision-making technology to provide users with information."
Under the AI Data Standard:
- "Pre-training" refers to "the training process in which a generative AI model acquires general knowledge using large-scale datasets."
- "Fine-tuning" refers to "the training process in which a generative AI model, based on pre-training, acquires context-specific service capabilities using data from specific sources."
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
For the purposes of criminal law, the amendments to the Criminal Code which entered into force in November 2025 introduced a statutory definition of an ‘artificial intelligence system’, modelled on Article 3(1) of the EU AI Act.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Definitions in France
In the CNIL AI Fact Sheets, the CNIL considers it likely that AI providers creating training databases are acting as data controllers, unless an AI provider entrusts the database creation to a third party – in which case, the AI provider is the data controller only if it reuses the existing database for its own purpose. If, on the contrary, the AI providers develop an AI system on behalf of customers (being deployers) under their instructions, it is more likely that they will be deemed data processors. In any event, the CNIL reminds that a case-by-case analysis should be conducted.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
Laws specifically addressing AI have not yet been introduced in Hong Kong.
The Ethical AI Framework provides the following definition:
- AI System: a collection of interrelated technologies used to help solve problems autonomously and perform tasks to achieve defined objectives without explicit guidance from a human being.
The GenAI Guideline provides the following definitions:
- Technology Developer: organisations and individuals who create, train and maintain the foundational models and algorithms that power generative AI systems. (That is, technology developers and those who commission the development of technology or determine the use of technology.)
- Service Provider: entities that deploy generative AI technologies as customer-facing applications or services, acting as intermediaries between Technology Developers and Service Users. (That is, service providers, platform providers, and individuals who provide service with additional features and tools based on existing technology.)
- Service User: individuals or organisations that utilise generative AI services for personal or professional purposes. (That is, service users, content creators, and disseminators of generative content.)
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
India does not have a specific or standardised AI definition.
The IT Rules define ‘synthetically generated information’ to mean ‘audio, visual or audio-visual information which is artificially or algorithmically created, generated, modified or altered using a computer resource, in a manner that such information appears to be real, authentic or true and depicts or portrays any individual or event in a manner that is, or is likely to be perceived as indistinguishable from a natural person or real-world event’. This definition provides some exceptions for SGI such as routine editing, formatting, enhancing quality and accessibility of the audio-visual content, etc., if the work is created in good faith and does not misrepresent or alter the underlying work.
Although the definition does not mention AI, it is intended to cover AI-generated content.
Further, certain sector-specific materials such as the RBI FREE-AI Committee Report and the India AI Governance Guidelines use the Organisation for Economic Co-operation and Development’s definition of AI: ‘An AI system is a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI systems vary in their levels of autonomy and adaptiveness after deployment.’
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
There is currently no AI definition codified in primary legislation. For policy purposes, the 2023 AI Policy Paper adopts a functional definition of ‘artificial intelligence’, based on the OECD definition, describing it as machine-based systems that can make predictions, recommendations or decisions with varying degrees of autonomy. It also describes ‘AI systems’ as having ‘a wide range of applications such as autonomous vehicles, medical imaging analysis, credit scoring, securities trading, personalised learning and employment’, notwithstanding that the list of applications is constantly expanding.
However, organisations and governmental bodies do not always align their terminology to the 2023 AI Policy Paper, and for example, the Financial Sector Report employs specific terminology related to the sector, defining AI Systems as ‘a computer-based system that operates with varying degrees of autonomy for the purpose of generating outputs such as content, predictions, recommendations, or decisions, which may have an impact on investors, customers, or the activities of the supervised entity’.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
Under the AI Act, ‘AI-related technology’ is defined as technology necessary to realise functions that substitute for human intellectual abilities such as cognition, reasoning, and judgment through artificial means, as well as technology related to information processing systems that utilise such functions to process input data and produce outputs.
The AI Act also defines ‘AI-utilising business operators’ as those who intend to develop or provide products or services utilising AI-related technologies, or otherwise intend to utilise such technologies in their business activities.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
Definitions in Malta
The Artificial Intelligence Regulations (Subsidiary Legislation 591.05) and the Artificial Intelligence (Information and Data Protection Commissioner) Regulations (Subsidiary Legislation 586.14) largely rely on and incorporate the definitions contained in Regulation (EU) 2024/1689 (EU AI Act). The Maltese implementing framework does not introduce any significant additional substantive definitions relating to AI systems, general-purpose AI (GPAI) models or high-risk AI systems.
Laws specifically addressing AI have not been introduced in Mauritius yet.
Laws specifically addressing AI have not been introduced in Mexico yet. Article 4 of the AI Bill sets out the following definitions:
‘Artificial Intelligence Systems: those involving the use and exploitation of information technologies to create computer programmes capable of performing calculations, operations, research or reasoning comparable to those performed by the human mind.
Developer: any natural or legal person who creates or develops artificial intelligence systems.
Supplier: any person, whether natural or legal, who markets or distributes artificial intelligence systems, either on a paid or pro bono basis.’
In the absence of AI-specific legislation in Morocco, there are no dedicated regulatory definitions relating to AI.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
As there is no AI-specific legislation in New Zealand, there are no relevant statutory definitions. As New Zealand is an adherent to the OECD AI Principles, the definition of ‘AI system’ in those principles is relevant – namely
<blockquote‘An AI system is a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI systems vary in their levels of autonomy and adaptiveness after deployment.’
This is the definition used in the AI Strategy, the Framework, the AI Guidance for Business, and the GenAI Guidelines.
The OPC AI Guidance broadly defines AI as computer systems where one or more of the following applies:
- machine learning systems developed or refined by processing training data;
- classifier systems used to put information into categories (e.g., captioning images);
- interpreter systems that turn noisy input data into standardised outputs (e.g., deciding what words are present in speech or handwriting);
- generative systems used to create text, images, computer code, or something else; and/or
- automation where computers take on tasks that people have done up until recently.
A standalone AI law has not yet been enacted in Nigeria, so there are no statutory definitions of AI System, Developer, or Provider. The Internet Code of Practice, 2026 does not include specific definitions of AI systems but refers to ‘emerging technologies’ in its provisions.
The definitions of AI system, developer, and provider applicable in the European Union are also applicable in Norway.
Article 3(b) of the AI Law defines an 'Artificial intelligence-based system' as follows:
"An electronic-mechanical system that can, for a set of human-defined objectives, make predictions, recommendations or decisions, influencing real or virtual environments. It is designed to operate with different levels of autonomy."
Article 6(b) of the AI Regulation defines a ‘Developer’ as follows:
"Any natural person, legal entity or public entity that designs, programs or trains an AI system."
Article 6(d) of the AI Regulation defines an ‘Implementer’ as follows:
"Any natural person, legal entity or public entity that integrates or deploys an AI system within a productive or operational process."
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
There is no statutory, cross‑sector definition of ‘artificial intelligence’ in Saudi law.
SDAIA in its AI Adoption Framework defines AI systems as software systems that rely on advanced technologies to predict, generate content, provide recommendations, or make decisions, with varying levels of autonomy, depending on the data and the context in which they operate.
Laws specifically addressing AI have not yet been introduced in Singapore. That said, there are relevant definitions under specific guidance documents.
Under the Model Artificial Intelligence Governance Framework:
- ‘AI’ refers to ‘a set of technologies that seek to simulate human traits such as knowledge, reasoning, problem solving, perception, learning and planning, and, depending on the AI model, produce an output or decision (such as a prediction, recommendation, and/or classification). AI technologies rely on AI algorithms to generate models. The most appropriate model(s) is/are selected and deployed in a production system.’
- ‘AI Solution Providers’ refers to those who ‘develop AI solutions or application systems that make use of AI technology. These include not just commercial off-the-shelf products, online services, mobile applications, and other software that consumers can use directly, but also B2B2C applications, e.g. AI-powered fraud detection software sold to financial institutions. They also include device and equipment manufacturers that integrate AI-powered features into their products, and those whose solutions are not standalone products but are meant to be integrated into a final product. Some organisations develop their own AI solutions and can be their own solution providers.’
- ‘Organisations’ refers to ‘companies or other entities that adopt or deploy AI solutions in their operations, such as backroom operations (e.g. processing applications for loans), front-of-house services (e.g. e-commerce portal or ride-hailing app), or the sale or distribution of devices that provide AI-powered features (e.g. smart home appliances).’
- ‘Individuals’ refers to those who ‘can, depending on the context, refer to persons to whom organisations intend to supply AI products and/or services, or persons who have already purchased the AI products and/or services. These may be referred to as ‘consumers’ or ‘customers’ as well.’
Under the Model Framework for GenAI:
- ‘Generative AI’ is referred to as ‘AI models capable of generating text, images or other media types. They learn the patterns and structure of their input training data and generate new data with similar characteristics. Advances in transformer-based deep neural networks enable generative AI to accept natural language prompts as input, including large language models (LLM) such as GPT-4, Gemini, Claude and LLaMA.’
Under the Advisory Guidelines on Use of Personal Data in Generative AI:
- ‘Generative AI Models’ are defined as ‘models, including those trained on a large amount of data using self-supervision at scale, that display significant generality and can competently perform a wide range of distinct tasks regardless of the way the models are placed on the market and that can be integrated into a variety of systems or applications’.
- ‘Generative AI Systems’ are defined as ‘AI systems or applications based on Generative AI Models, both for direct use as well as for integration in other AI systems’.
Under the Model AI Governance Framework for Agentic AI:
- ‘Agentic AI systems’ are defined as ‘software systems consisting of one or multiple AI agents that may operate individually or collaboratively.’
- ‘AI agents’ are described as agents which ‘usually possess some degree of independent planning, decision-making, and action-taking (e.g. searching the web or creating files) over multiple steps to achieve a user-defined goal’ and ‘can take actions, adapt to new information, and interact with other agents and systems to complete tasks on behalf of humans.’
Under the Transparency Guidelines for Generative AI Chatbots:
- a ‘generative AI chatbot’ refers to ‘an application, whether standalone or embedded within other products, that uses, in whole or in part, foundation models such as large language models, to produce adaptive, human-like responses in natural language to user inputs.’
Under the MOH Guidelines (Version 2.0):
- ‘Developers’ refer to those ‘who develop, integrate and/or maintain healthcare AI solutions (including medical devices that are regulated under the Health Products Act 2007, or non-medical devices used as part of clinical workflows).’
- ‘Deployers’ refer to those ‘who deploy AI solutions to augment healthcare service delivery and are licensed under the Healthcare Services Act 2020.’
- ‘Users’ refer to those ‘who use AI solutions to support Clinical and Clinical-Ops work. They include clinicians, dentists, nurses, pharmacists, and allied health professionals.’
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
Definitions in the Slovak Republic
The proposed Slovak framework fully adopts the terminology of the EU AI Act rather than creating independent domestic definitions. Accordingly, terms such as AI system, Developer and Provider are interpreted by reference to Article 3 of the EU AI Act.
As a consequence, the Slovak legislation follows the harmonised European approach and does not create any substantive deviations from the EU framework. This should ensure consistency with regulatory regimes across other EU Member States and reduce the risk of fragmentation in the internal market.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
South Africa does not currently have AI-specific statutory definitions.
Under the AI Act, the term ‘artificial intelligence’ or ‘AI’ is defined as the electronic manifestation of human intellectual capabilities such as learning, inference, perception, judgement, and language comprehension.
’AI system’, the principal subject of regulation, is defined as an AI-based system with varying degrees of autonomy and adaptability, capable of influencing physical or virtual environments through its predictions, recommendations, and decisions.
Furthermore, the AI Act applies to AI business operators, defined as individuals or entities engaged in AI-related activities. These operators are categorised into two groups (Article 2, Item 7): (i) ‘AI Developers’ (corporations, organisations, individuals, and national institutions involved in the development and provision of AI); and (ii) ‘AI Use Businesses’ (corporations, organisations, individuals, and national institutions that offer AI products or services using AI developed by others).
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
AI System
Article 3(1) of the EU AI Act defines an 'AI system' as follows:
"a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments".
The EU AI Act uses a technology neutral definition, focusing on the effect of the system rather than the techniques used. There are several key features of the definition which, acting together, distinguish the AI system from more traditional software systems. The central characteristics are the level of autonomy and adaptiveness in how the system operates and the ability for the system to infer how to generate outputs. So, an AI system must be able to operate independently at some level (like many existing technologies) but must also be able to apply logic to draw conclusions from data it is given. It may also adapt after deployment, in effect by continuing to "learn". These features are more akin to human capability than traditional technology systems, which operate using more fixed and pre-determined paths to process data. These outputs must influence physical or virtual environments, whether by making decisions or through other means.
The EU AI Act also sets out specific rules for GPAI models. GPAI models differ from AI systems; they can be an essential component integrated into an AI system, but do not themselves constitute an AI system until further components are added (such as an interface). For more information, please see Controls on generative AI.
Provider
Article 3(3) of the EU AI Act defines a 'provider' as follows:
"a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system, or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge".
Those falling within this definition as a ‘provider’ have significant responsibility for ensuring compliance with the EU AI Act, and so identifying the provider will be crucial for businesses and may well influence their choice of business/deployment model.
The provider is responsible for putting the AI on the market either by making it first available in the market or directly puts the AI into use for its own purposes and under its own name or trademark. An organisation may also become a downstream provider if it makes substantial modifications to a system or changes its intended purpose (Article 25(1)). Guidance from the European Commission is expected on what counts as a “substantial modification”. At this stage, the only conclusive criteria is that such modification must not have been foreseen by the provider in the initial conformity assessment carried out by the provider.
Payment is not relevant, which will impact GPAI models supplied onto the market on an open source or under free commercial terms.
Deployer
Article 3(4) of the EU AI Act defines a 'deployer' as follows:
"a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity".
In simple terms, a 'deployer' is an entity that uses an AI system other than for personal, non-professional use. Although the burden of responsibility on a deployer is not as great as on 'providers', there are still obligations that it must fulfil.
Note that the EU AI Act also implements requirements for organisations performing other roles (as distributor, importer, product manufacturer, and authorised representative). Together with the deployer and provider, such organisations are referred to as 'operators' of AI. Importantly, the same operator may qualify simultaneously as more than one of these roles if they meet the respective conditions. For instance, it is possible to be both the provider and the deployer of an AI system at the same time.
Laws specifically addressing AI have not been introduced in Thailand yet. However, the Draft AI Law Principles (2025) set out a list of relevant persons, including: (i) AI providers, (ii) AI deployers, and (iii) AI importers and distributors. Therefore, definitions of these relevant persons may be prescribed in the draft. The Generative AI Guideline (2024) also provides definitions of AI and other terms, such as Machine Learning (ML), Deep Learning (DL), and Generative AI, in order to guide understanding of concepts, risks, adoption, and operation of Generative AI.
Laws specifically addressing AI have not been enacted in Türkiye yet; therefore, there are currently no legal definitions related to AI.
NAIS defines an AI system as:
“A system designed to perform a function, consisting of solely software or a combination of software and hardware, by collecting and interpreting structured and unstructured data using AI technologies. It can be created by embedding AI technologies into an existing system or be entirely based on AI technologies” (page 90 of NAIS).
Whilst there is no unified federal law or emirate level law in the UAE that has a primary focus on regulating AI (and therefore no definitions established by law), the following terms are defined in the AI Ethics Guide:
- AI System: A product, service, process, or decision-making methodology whose operation or outcome is materially influenced by artificially intelligent functional units (being a function unit that performs functions that are generally associated with human intelligence such as reasoning, learning and self-improvement).
- Developer: An entity that designs, builds, maintains, or tunes an AI System, or determines its purpose.
- Operator: An entity that uses AI Systems in operations or decision-making, provides services via AI Systems, or evaluates AI System use cases.
The DIFC’s Data Protection Regulations defines the following terms:
- (AI) System: Any machine-based system operating in an autonomous or semi-autonomous manner that can: (i) process personal data for human-defined purposes or purposes that the system itself defines, or both; and (ii) generate output as a result of or on the basis of such processing.
- Deployer: with respect to an AI System, the natural or legal person: (i) under whose authority or on whose direction or for whose benefit the AI System is operated; or (ii) who receives the benefit of the operation of the AI System or any output generated by the AI System, in each case without regard to whether or not the AI System is operated, supervised or hosted by such person, or such person defines or determines any of the purposes of which personal data is processed by such AI System.
- Operator: A Provider that operates or supervises an AI System on behalf or otherwise for the benefit, and on the direction of, a Deployer, in each case without regard to whether or not that Provider exercises any control over the processing of personal data by the AI System.
- Provider: A natural or legal person that develops an AI System, or procures that an AI System is developed for or on behalf of such person, in each case with a view to providing, commercialising or otherwise making such AI System available to Operators or Deployers.
Beyond existing controller and processor definitions in UK data protection, a specific single law addressing AI and imposing AI definitions has not been introduced in the UK yet.
In the US, the definition of AI varies across jurisdictions and legal frameworks.
At the federal level, definitions of AI have appeared in several laws, including the National AI Initiative Act, reflected in 15 U.S.C. § 9401, which defines AI as follows:
“(3) ARTIFICIAL INTELLIGENCE – The term ‘artificial intelligence’ means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to:
(A) perceive real and virtual environments;
(B) abstract such perceptions into models through analysis in an automated manner; and
(C) use model inference to formulate options for information or action.”
State laws have also used different definitions of AI. Below are two variants.
Connecticut’s SB5 defines “artificial intelligence” as:
“[A]ny machine-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations, that can influence physical or virtual environments.” (Conn. Pub. Act No. 26-15, § 17).
Utah’s AI Policy Act carves out Generative AI as:
“An artificial system that: (i) is trained on data; (ii) interacts with a person using text, audio, or visual communication; and (iii) generates nonscripted outputs similar to outputs created by a human, with limited or no human oversight.” (Utah Code § 13-2-12(1)(a))