Artificial Intelligence Policy Tracker
Legal requirement Privacy and personal-data protection European Union Partially applicable

Deployers must use the provider's transparency information in their data protection impact assessment

Download: JSON · MarkdownUnder EU AI Act, Article 26(9)

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 use the provider's transparency information in their data protection impact assessment is a legal requirement under the EU AI Act in the European Union (Article 26(9)). It applies from 2 December 2027. The record carries 1 evidence example and mappings to 2 frameworks.

Instrument
EU AI Act
Jurisdiction
European Union
Nature
Legal requirement
Source reference
Article 26(9)
Applies from
2 December 2027
Who it binds
Deployer / user organisation, Public authority / government body
Evidence examples
1
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?

Where a deployer of a high-risk AI system is required to carry out a data protection impact assessment under Article 35 of the GDPR or Article 27 of the Law Enforcement Directive, it must draw on the information the provider supplied under Article 13, such as the intended purpose, performance, limitations and human-oversight measures, when producing that assessment.

Practical action

Attach the provider's instructions for use to the DPIA template and cross-reference the Article 27 fundamental rights impact assessment where one is required.

Who does it apply to?

Deployers of high-risk AI systems that process personal data in a way that triggers a DPIA.

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.

  • satisfiesProcessData protection officer · once per ai system
    Privacy and data-protection controls for AI

    Serves 13 recorded duties · evidence: Data protection impact assessment for an AI system, AI data-flow and legal-basis record, Privacy notice section on AI use

    DPIA built on the provider's documentation.

  • supportsProcessAI system owner · once per ai system
    AI impact and fundamental-rights impact assessment

    Serves 11 recorded duties · evidence: AI impact assessment, Impact assessment approval, Impact assessment procedure and template

    Shared inputs with the fundamental rights impact assessment.

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 8 templates that cover it →

What evidence would a reviewer expect?

Evidence examples
EvidenceTypeNotes
Data protection impact assessment citing the provider's Article 13 informationreport

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 6.1.4; Annex A.5.2AI system impact assessment process.medium
NIST AI RMF 1.0MAP 3.1, MEASURE 2.10Privacy risk assessed with system information.medium

Frequently asked questions

Is this a legal requirement?

Yes. It is a legal requirement under EU AI Act (Article 26(9)).

Who must comply with this obligation?

Deployers of high-risk AI systems that process personal data in a way that triggers a DPIA.

When does this obligation apply?

It applies from 2 December 2027.

What evidence shows compliance?

A reviewer would expect: Data protection impact assessment citing the provider's Article 13 information.

Which frameworks map to this obligation?

It is mapped to ISO/IEC 42001:2023 Clause 6.1.4; Annex A.5.2, NIST AI Risk Management Framework 1.0 MAP 3.1, MEASURE 2.10. These are editorial crosswalks with a stated confidence, not official mappings.

Which controls satisfy this obligation?

Privacy and data-protection controls for AI; AI impact and fundamental-rights impact assessment.

What should an organisation do in practice?

Attach the provider's instructions for use to the DPIA template and cross-reference the Article 27 fundamental rights impact assessment where one is required.

Cite this record

AIPolicyTracker (2026). “Deployers must use the provider's transparency information in their data protection impact assessment (EU AI Act)” [AIPT-OBL-0036, verified 26 September 2026]. https://aipolicytracker.org/id/AIPT-OBL-0036 (accessed 8 November 2026). Data licensed CC BY 4.0.

Permanent id AIPT-OBL-0036: 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_deployersmustusetheprovi,
  author       = {{AIPolicyTracker}},
  title        = {{Deployers must use the provider's transparency information in their data protection impact assessment (EU AI Act)}},
  year         = {2026},
  howpublished = {\url{https://aipolicytracker.org/obligations/eu-ai-act-art-26-9-dpia-using-provider-information}},
  url          = {https://aipolicytracker.org/obligations/eu-ai-act-art-26-9-dpia-using-provider-information},
  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.