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

- **Record type**: Obligation
- **Instrument**: Regulation (EU) 2024/1689 — Artificial Intelligence Act
- **Jurisdiction**: European Union
- **Category**: post_market_monitoring
- **Binding**: Yes
- **Applies from**: 2026-08-02
- **Provision**: Article 26(5)

## What the duty requires

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.

## What an organisation does about it

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

## Controls that meet this duty

- AI incident management and regulatory reporting (satisfies): https://aipolicytracker.org/controls/ai-incident-management-and-reporting
- Post-deployment monitoring and drift detection (satisfies): https://aipolicytracker.org/controls/post-market-monitoring-and-drift-detection

## Parent instrument

- Regulation (EU) 2024/1689 — Artificial Intelligence Act
  - Record: https://aipolicytracker.org/policies/eu-ai-act
  - Context file: https://aipolicytracker.org/policies/eu-ai-act.md

## Provenance

- **Record page**: https://aipolicytracker.org/obligations/eu-ai-act-art-26-5-deployer-monitoring-and-suspension
- **Official source**: https://eur-lex.europa.eu/eli/reg/2024/1689/oj
- **Provision**: Article 26(5)
- **Review status**: pending review
- **Confidence**: high
- **Facts last confirmed**: never confirmed against the official source
- **Retrieved**: 2026-09-24
- **Licence**: https://creativecommons.org/licenses/by/4.0/

> This record is a structured summary with a link to the official text. It is not legal advice. Open the official source before relying on any date or duty. How current each record type must be is published at https://aipolicytracker.org/verification; what a record must carry at all is published at https://aipolicytracker.org/coverage.