Law / European Union

AI Act, Article 27 (fundamental rights impact assessment)

Regulation (EU) 2024/1689, Article 27

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

What follows is LexLint's own research summary of this law, not legal advice.

An AI risk obligations rule binding public and private bodies.

As of 24 September 2026.

What it requires

  • This duty does not yet apply. It takes effect on 2 December 2027 for a high-risk AI system classified under Article 6(2) and Annex III, and on 2 August 2028 for one classified under Article 6(1) and Annex I.
  • If you are a body governed by public law, a private entity providing a public service, or a deployer of a credit-scoring or life-and-health-insurance-risk-pricing high-risk AI system (Annex III points 5(b) or (c)), assess the impact on fundamental rights of a high-risk AI system before its first use, unless the system is the Annex III point 2 critical-infrastructure use case.
  • Cover in that assessment: your intended process for using the system, the period and frequency of use, the categories of people likely affected, the specific risks of harm to them, your human oversight measures, and the steps you would take if those risks materialise, including complaint and internal-governance arrangements.
  • Update the assessment if any of those elements changes during use, rather than treating it as a one-time exercise.
  • Once you have performed the assessment, notify the market surveillance authority of its results using the AI Office's template, unless you are exempt as a real-world testing participant under Article 46(1).
  • If a data protection impact assessment you already owe under the General Data Protection Regulation (GDPR) or the Law Enforcement Directive covers part of this assessment, let this one complement rather than duplicate it.

If you get it wrong

Private right of actionNo

What it reaches

How the hook was established

express

What makes it apply

Operator establishment, Place of effect

Obligation class

DPIA

What it makes you log

Who may demand the log

Regulator

What the log must hold

Affected person reference, Decision basis

Logging duty

The fundamental rights impact assessment is itself the record: the deployer performs and keeps it, updates it when a described element changes, and notifies the market surveillance authority of its results using the AI Office's template.

Kind
Explicit
As of
24 September 2026
Provision
Article 27(1) and (3)
Trigger
high_risk_systems

Who checks it

Audit expectation

none

Also on the record

EEA status

Status
Pending
Source link
https://www.efta.int/eea-lex/32024r1689

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Before deploying a high-risk AI system classified under Article 6(2), other than an Annex III point 2 (critical infrastructure) system, a deployer that is a body governed by public law, a private entity providing a public service, or a deployer of an Annex III point 5(b) or (c) system (creditworthiness or life and health insurance risk assessment) must assess the impact the system's use may have on fundamental rights.

That assessment covers the deployer's intended process, the period and frequency of use, the categories of people likely affected, the specific risks of harm to them, the human oversight measures in place, and the measures planned if those risks materialise, including complaint and internal-governance arrangements. The assessment is required on first use, may draw on a similar prior assessment, and must be updated if a described element changes.

Once performed, the deployer must notify the market surveillance authority of the results on the AI Office's template, with a narrow real-world-testing exemption; and where the deployer's data protection impact assessment under Article 35 General Data Protection Regulation (GDPR) or Article 27 of the Law Enforcement Directive already covers an element of this assessment, this one only needs to complement it.

Article 27 sits in Chapter III, Section 3, so it takes effect on the schedule the Digital Omnibus on AI (Regulation (EU) 2026/1744, in force since 27 July 2026) wrote into Article 113: 2 December 2027 for a system classified as high-risk under Article 6(2) and Annex III, and 2 August 2028 for one classified under Article 6(1) and Annex I.

When LexLint raises it

  • high_risk_decisions

Read the law

official consolidated Official Journal text, EUR-Lex

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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