CHAPTER V

Article 53: Obligations for providers of general-purpose AI models

Plain English Summary

What this article does: Sets the core obligations for providers of all general-purpose AI (GPAI) models. Who it applies to: Providers of general-purpose AI models. Key requirements: Para 1(a): Must draw up and keep up to date technical documentation of the model, including training and testing process and results, which must be made available to the AI Office and national competent authorities on request. Para 1(b): Must draw up and keep up to date information and documentation for downstream providers who integrate the GPAI model into their AI systems, enabling them to understand and comply with their own obligations. Para 1(c): Must put in place a policy to comply with EU copyright law, in particular to identify and comply with opt-out reservations expressed by rights holders under Article 4(3) of the DSM Directive. Para 1(d): Must draw up and make publicly available a sufficiently detailed summary about the training data, following a template provided by the AI Office. Para 2: Obligations in paragraph 1(a) and (b) do not apply to providers of GPAI models released under free and open-source licences, unless they are classified as having systemic risk. Para 3: Providers may rely on codes of practice to demonstrate compliance. Para 4: Providers that are not subject to systemic risk obligations are only required to keep documentation available for 10 years. Key exceptions: Open-source GPAI models are exempt from documentation obligations in paragraphs 1(a) and (b), unless they have systemic risk. The copyright policy obligation applies to all GPAI models regardless.

1. Providers of general-purpose AI models shall: (a) draw up and keep up-to-date the technical documentation of the model, including its training and testing process and the results of its evaluation, which shall contain, at a minimum, the information set out in Annex XI for the purpose of providing it, upon request, to the AI Office and the national competent authorities; (b) draw up, keep up-to-date and make available information and documentation to providers of AI systems who intend to integrate the general-purpose AI model into their AI systems. Without prejudice to the need to observe and protect intellectual property rights and confidential business information or trade secrets in accordance with Union and national law, the information and documentation shall: (i) enable providers of AI systems to have a good understanding of the capabilities and limitations of the general-purpose AI model and to comply with their obligations pursuant to this Regulation; and (ii) contain, at a minimum, the elements set out in Annex XII; (c) put in place a policy to comply with Union law on copyright and related rights, and in particular to identify and comply with, including through state-of-the-art technologies, a reservation of rights expressed pursuant to (3) of Directive (EU) 2019/790; (d) draw up and make publicly available a sufficiently detailed summary about the content used for training of the general-purpose AI model, according to a template provided by the AI Office.

2. The obligations set out in paragraph 1, points (a) and (b), shall not apply to providers of AI models that are released under a free and open-source licence that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available. This exception shall not apply to general-purpose AI models with systemic risks.

3. Providers of general-purpose AI models shall cooperate as necessary with the Commission and the national competent authorities in the exercise of their competences and powers pursuant to this Regulation.

4. Providers of general-purpose AI models may rely on codes of practice within the meaning of to demonstrate compliance with the obligations set out in paragraph 1 of this Article, until a harmonised standard is published. Compliance with European harmonised standards grants providers the presumption of conformity to the extent that those standards cover those obligations. Providers of general-purpose AI models who do not adhere to an approved code of practice or do not comply with a European harmonised standard shall demonstrate alternative adequate means of compliance for assessment by the Commission.

5. For the purpose of facilitating compliance with Annex XI, in particular points 2 (d) and (e) thereof, the Commission is empowered to adopt delegated acts in accordance with to detail measurement and calculation methodologies with a view to allowing for comparable and verifiable documentation.

6. The Commission is empowered to adopt delegated acts in accordance with (2) to amend Annexes XI and XII in light of evolving technological developments.

7. Any information or documentation obtained pursuant to this Article, including trade secrets, shall be treated in accordance with the confidentiality obligations set out in .

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