Artificial Intelligence Policy Tracker
Legal requirement Transparency and disclosure European Union Partially applicable

Deployers must explain individual decisions taken with high-risk AI on request

Download: JSON · MarkdownUnder EU AI Act, Article 86

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 explain individual decisions taken with high-risk AI on request is a legal requirement under the EU AI Act in the European Union (Article 86). It applies from 2 December 2027. The record carries 2 evidence examples and mappings to 2 frameworks.

Instrument
EU AI Act
Jurisdiction
European Union
Nature
Legal requirement
Source reference
Article 86
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?

A person affected by a decision that a deployer took on the basis of the output of an Annex III high-risk AI system, other than critical-infrastructure systems, which produces legal effects or similarly significantly affects them in a way they consider adverse to their health, safety or fundamental rights, has the right to obtain from the deployer clear and meaningful explanations of the role the system played in the decision and the main elements of the decision. The right does not apply where Union or national law provides an exception.

Practical action

Set up a request channel and an explanation template that names the system's role, the key inputs and the human decision points for each affected process.

Who does it apply to?

Deployers using Annex III high-risk systems for decisions with legal or similarly significant effects on individuals; overlaps with GDPR Article 22 rights.

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.

  • satisfiesProcessCustomer operations lead · once per ai system
    Decision explanation, human review and appeal route

    Serves 12 recorded duties · evidence: Adverse-decision explanation template, AI decision challenge and human review procedure, Challenge and reversal log

    Request channel and explanation of the system's role and main decision elements.

  • supportsTechnical measureEngineering lead · continuous
    Automatic event logging and record retention

    Serves 9 recorded duties · evidence: AI system event logs, Log schema and retention standard, Log integrity and retention check

    Logs supply the inputs cited in the explanation.

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 10 templates that cover it →

What evidence would a reviewer expect?

Evidence examples
EvidenceTypeNotes
Explanation request procedure and templatedocument
Register of explanation requests and responsesregister

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 42001:2023Annex A.8.5, A.9.2Information for interested parties and responsible-use processes.medium
NIST AI RMF 1.0GOVERN 5.1, MANAGE 4.1Recourse and communication for affected individuals.medium

Frequently asked questions

Is this a legal requirement?

Yes. It is a legal requirement under EU AI Act (Article 86).

Who must comply with this obligation?

Deployers using Annex III high-risk systems for decisions with legal or similarly significant effects on individuals; overlaps with GDPR Article 22 rights.

When does this obligation apply?

It applies from 2 December 2027.

What evidence shows compliance?

A reviewer would expect: Explanation request procedure and template; Register of explanation requests and responses.

Which frameworks map to this obligation?

It is mapped to ISO/IEC 42001:2023 Annex A.8.5, A.9.2, NIST AI Risk Management Framework 1.0 GOVERN 5.1, MANAGE 4.1. These are editorial crosswalks with a stated confidence, not official mappings.

Which controls satisfy this obligation?

Decision explanation, human review and appeal route; Automatic event logging and record retention.

What should an organisation do in practice?

Set up a request channel and an explanation template that names the system's role, the key inputs and the human decision points for each affected process.

Cite this record

AIPolicyTracker (2026). “Deployers must explain individual decisions taken with high-risk AI on request (EU AI Act)” [AIPT-OBL-0047, verified 26 September 2026]. https://aipolicytracker.org/id/AIPT-OBL-0047 (accessed 8 November 2026). Data licensed CC BY 4.0.

Permanent id AIPT-OBL-0047: 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_deployersmustexplainindi,
  author       = {{AIPolicyTracker}},
  title        = {{Deployers must explain individual decisions taken with high-risk AI on request (EU AI Act)}},
  year         = {2026},
  howpublished = {\url{https://aipolicytracker.org/obligations/eu-ai-act-art-86-right-to-explanation}},
  url          = {https://aipolicytracker.org/obligations/eu-ai-act-art-86-right-to-explanation},
  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.