Deployers must explain individual decisions taken with high-risk AI on request
Download: JSON · MarkdownUnder EU AI Act, Article 86
What this label means
- Verified
- — a named reviewer opened the official source and confirmed the record; the date and the reviewer are shown.
- Pending review
- — linked to the official source and in the queue for a reviewer to confirm.
- Source-linked
- — linked to the official source, not yet confirmed by a reviewer.
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 systemDecision 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 · continuousAutomatic 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.
- EU AI Act Role and Risk Classifier
Checklist · XLSX · v4
- AI Agent Registry and Permission Matrix
Register · XLSX and DOCX · v6
- EU AI Act Article 50 Transparency Kit
Kit · DOCX and XLSX · v44
- ISO/IEC 42001 Gap Assessment and Statement of Applicability
Assessment · XLSX · v3
What evidence would a reviewer expect?
| Evidence | Type | Notes |
|---|---|---|
| Explanation request procedure and template | document | |
| Register of explanation requests and responses | register |
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 | Annex A.8.5, A.9.2 | Information for interested parties and responsible-use processes. | medium |
| NIST AI RMF 1.0 | GOVERN 5.1, MANAGE 4.1 | Recourse 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
- Employers must inform workers and their representatives before using high-risk AI at work — EU AI Act, European Union
- Disclose AI interaction and label synthetic content — EU AI Act, European Union
- Deployers must tell natural persons that a high-risk AI system is used in decisions about them — EU AI Act, European Union
- Deployers of emotion recognition or biometric categorisation must inform exposed persons — EU AI Act, European Union
- Deployers must disclose deepfakes and AI-generated text published on matters of public interest — EU AI Act, European Union
- Providers of generative AI must mark synthetic output as artificially generated in a machine-readable way — EU AI Act, European Union
- Frontier developers must publish a transparency report before deploying a new frontier model — California SB 53, California (United States)
- Provide deployers with clear instructions for use — EU AI Act, European Union
Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.