Artificial Intelligence Policy Tracker
Legal requirement Post-market monitoring European Union Partially applicable

Deployers must monitor high-risk AI, suspend use on risk and report serious incidents

Download: JSON · MarkdownUnder EU AI Act, Article 26(5)

Verified against the official source 26 Sep 2026 (a factual check against the official source, not a legal review or legal advice)
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No change recorded as of 26 Sep 2026 · official source last checked
On this page 9 sections

In brief

Deployers must monitor high-risk AI, suspend use on risk and report serious incidents is a legal requirement under the EU AI Act in the European Union (Article 26(5)). Deployers must monitor a high-risk AI system's operation against the provider's instructions and feed observations to the provider under Article 72. It applies from 2 December 2027.

Instrument
EU AI Act
Jurisdiction
European Union
Nature
Legal requirement
Source reference
Article 26(5)
Applies from
2 December 2027
Who it binds
Deployer / user organisation, Public authority / government body
Evidence examples
2
Framework mappings
ISO/IEC 42001:2023, NIST AI Risk Management Framework 1.0
Controls that meet it
2
Official source
Open official text
Verification
Verified against the official source 26 Sep 2026

What does it require?

Deployers must monitor a high-risk AI system's operation against the provider's instructions and feed observations to the provider under Article 72. If they have reason to think the system as used may present a risk to health, safety or fundamental rights, they must inform the provider or distributor and the market surveillance authority without undue delay and suspend use. On a serious incident, they must immediately inform the provider, then the importer or distributor and the authorities. Financial institutions meet this through their internal governance rules.

Practical action

Give each high-risk system an operational owner with a kill-switch authority and a written escalation route to the provider and the authority.

Who does it apply to?

Deployers of high-risk AI systems; the incident-reporting leg is aligned with Article 73.

Applies from:

Which controls meet this duty?

Satisfies: the control, operated properly, does the work the duty asks for. Supports: it contributes but the duty needs more. Each control page lists every other duty it serves, so work done once can be counted once.

  • satisfiesTechnical measureAI system owner · continuous
    Post-deployment monitoring and drift detection

    Serves 10 recorded duties · evidence: Post-market monitoring plan, Monitoring dashboard or periodic monitoring report, Monitoring review decision

    Deployer-side monitoring with feedback to the provider.

  • satisfiesProcessIncident coordinator · continuous
    AI incident management and regulatory reporting

    Serves 14 recorded duties · evidence: AI incident response playbook, AI incident record, Incident report to an authority

    Suspension decision and notifications to provider and authority.

Templates that cover this duty

Generated from the records. Free · no account · links emailed to your work address. This duty is cited in each file with its source reference and a link back here.

All 9 templates that cover it →

What evidence would a reviewer expect?

Evidence examples
EvidenceTypeNotes
Operational monitoring logrecord
Suspension and escalation proceduredocument

Framework mappings

Original editorial crosswalks. They cite clause numbers only and reproduce no standard text; confidence reflects how direct the mapping is.

See every European Union duty mapped this way →

Framework mappings table
FrameworkReferenceNoteConfidence
ISO/IEC 42001:2023Clause 9.1; Annex A.6.2.6, A.8.4Operation and monitoring; communication of incidents.high
NIST AI RMF 1.0MANAGE 2.4, MANAGE 4.1, MANAGE 4.3Deactivation mechanisms, post-deployment monitoring and incident response.high

Frequently asked questions

Is this a legal requirement?

Yes. It is a legal requirement under EU AI Act (Article 26(5)).

Who must comply with this obligation?

Deployers of high-risk AI systems; the incident-reporting leg is aligned with Article 73.

When does this obligation apply?

It applies from 2 December 2027.

What evidence shows compliance?

A reviewer would expect: Operational monitoring log; Suspension and escalation procedure.

Which frameworks map to this obligation?

It is mapped to ISO/IEC 42001:2023 Clause 9.1; Annex A.6.2.6, A.8.4, NIST AI Risk Management Framework 1.0 MANAGE 2.4, MANAGE 4.1, MANAGE 4.3. These are editorial crosswalks with a stated confidence, not official mappings.

Which controls satisfy this obligation?

Post-deployment monitoring and drift detection; AI incident management and regulatory reporting.

What should an organisation do in practice?

Give each high-risk system an operational owner with a kill-switch authority and a written escalation route to the provider and the authority.

Cite this record

AIPolicyTracker (2026). “Deployers must monitor high-risk AI, suspend use on risk and report serious incidents (EU AI Act)” [AIPT-OBL-0033, verified 26 September 2026]. https://aipolicytracker.org/id/AIPT-OBL-0033 (accessed 8 November 2026). Data licensed CC BY 4.0.

Permanent id AIPT-OBL-0033: it never changes or gets reused, and its address keeps working if this page moves.

Cite the official text alongside it: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence, Official Journal of the European Union, https://eur-lex.europa.eu/eli/reg/2024/1689/oj.

BibTeX
@misc{aipolicytracker2026_deployersmustmonitorhigh,
  author       = {{AIPolicyTracker}},
  title        = {{Deployers must monitor high-risk AI, suspend use on risk and report serious incidents (EU AI Act)}},
  year         = {2026},
  howpublished = {\url{https://aipolicytracker.org/obligations/eu-ai-act-art-26-5-deployer-monitoring-and-suspension}},
  url          = {https://aipolicytracker.org/obligations/eu-ai-act-art-26-5-deployer-monitoring-and-suspension},
  urldate      = {2026-11-08},
  note         = {Data licensed CC BY 4.0. Accessed 8 November 2026}
}

Change history

No change to this record's tracked fields has been recorded since 15 October 2026, when field-level history began.

Similar obligations in other instruments

Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.