Deployers must use the provider's transparency information in their data protection impact assessment
Download: JSON · MarkdownUnder EU AI Act, Article 26(9)
What this label means
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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 systemPrivacy 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 systemAI 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.
- EU AI Act Role and Risk Classifier
Checklist · XLSX · v4
- EU AI Act Article 50 Transparency Kit
Kit · DOCX and XLSX · v44
- ISO/IEC 42001 Gap Assessment and Statement of Applicability
Assessment · XLSX · v3
- NIST AI RMF ↔ EU AI Act ↔ ISO/IEC 42001 Crosswalk
Crosswalk · XLSX · v5
What evidence would a reviewer expect?
| Evidence | Type | Notes |
|---|---|---|
| Data protection impact assessment citing the provider's Article 13 information | report |
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 | Reference | Note | Confidence |
|---|---|---|---|
| ISO/IEC 42001:2023 | Clause 6.1.4; Annex A.5.2 | AI system impact assessment process. | medium |
| NIST AI RMF 1.0 | MAP 3.1, MEASURE 2.10 | Privacy 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
- Collect and use personal information only with consent and for the stated purpose — Nepal Privacy Act 2075, Nepal
- Process personal data only with valid consent or a legitimate use, after notice — India DPDP Act, India
- Identify consent or an applicable PDPA exception before using personal data in AI — PDPC AI advisory guidelines, Singapore
- Employers and employment agencies must disclose the data collected and their retention policy for the tool — NYC Local Law 144 (automated employment decision tools), New York (United States)
Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.