European UnionAI Act, Article 85 (right to lodge a complaint with a market surveillance authority)
Regulation (EU) 2024/1689, Article 85
In force since .
An AI risk obligations rule binding public and private bodies.
- Private right of action
- No
- How the hook was established
- express
- What makes it apply
- Market targeting, Operator establishment, Place of effect
- Obligation class
- Data subject rights
- Audit expectation
- none
As of .
What it requires
- This right applies from , the Regulation's general application date: Article 113, as amended by Regulation (EU) 2026/1744, gives Chapter IX, which holds Article 85, no date of its own.
- If you are a natural or legal person who has grounds to consider that there has been an infringement of the provisions of the Regulation, you may submit a complaint to the relevant market surveillance authority; this is without prejudice to other administrative or judicial remedies.
- The complaint is taken into account for the purpose of conducting market surveillance activities and is handled in line with the dedicated procedures the market surveillance authorities have established, in accordance with Regulation (EU) 2019/1020.
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Settledness
- As of
- Open questions
- To which authority may a person complain of an infringement by a provider of a general-purpose AI model, whose supervision Article 88(1) gives to the Commission exclusively, when Article 85 names the relevant market surveillance authority?
What it makes you log
Logging duty
Article 85 grants a right to complain to a market surveillance authority and requires the authority to take the complaint into account; it creates no logging or record-keeping duty.
- Kind
- None
- As of
What this law does
Any natural or legal person having grounds to consider that there has been an infringement of the provisions of the Regulation may submit complaints to the relevant market surveillance authority, without prejudice to other administrative or judicial remedies.
Complaints submitted under Article 85 are taken into account for the purpose of conducting market surveillance activities and are handled in line with the dedicated procedures the market surveillance authorities have established for them, in accordance with Regulation (EU) 2019/1020. Article 85 sits in Chapter IX, to which Article 113 gives no date of its own, so it applies from the Regulation's general application date of .
Regulation (EU) 2026/1744 replaced points (a) and (c) of Article 113's third paragraph and added point (d), and none of them names Chapter IX.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.