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Record STMT-W8D1B60Soft law

Statement 3/2024 on data protection authorities’ role in the Artificial Intelligence Act framework

Statement Institutional policyEuropean Unionadopted

This statement by the European Data Protection Board outlines the role of data protection authorities in the implementation and enforcement framework of the EU Artificial Intelligence Act. It recommends that Member States designate data protection authorities as market surveillance authorities for high-risk AI systems and points of contact. Furthermore, it emphasizes the need for complementary enforcement, adequate resources, and effective cooperation between data protection authorities and the EU AI Office.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

European Data Protection BoardRegulator
Lead issuer
Legal forceSoft law
Under whose authorityInstitutional policy
Judged fromfull text

Who it governs

National governmentRegulatorsPublic sector bodies

Member State governments and regulatory authorities responsible for implementing the AI Act enforcement framework.

Sectors
Cross-sector

What the document contains

What's covered

The document addresses the designation of national competent authorities and market surveillance authorities under the AI Act, the interplay between the AI Act and EU data protection laws like the GDPR, and the necessity of coordination between data protection authorities and the EU AI Office.

What's missing

The text does not provide technical specifications for AI models or detailed penalty structures for non-compliance outside of governance and enforcement coordination.

Key takeaways
  • EU data protection legislation and the AI Act must be interpreted as complementary and mutually reinforcing instruments.
  • National data protection authorities possess established expertise and independence, making them well-suited to supervise AI systems.
  • Member States are recommended to designate data protection authorities as market surveillance authorities for high-risk AI systems under the AI Act.
  • Data protection authorities acting as market surveillance authorities should serve as single points of contact for the public and counterparts.
  • Proper coordination and cooperation mechanisms must be established between the AI Office, the EDPB, and national data protection authorities.
Outline
1 BACKGROUND AND PURPOSE OF THIS STATEMENT
2 RECOMMENDATIONS
IssuedNot recorded
Length2,440 words
FormatNot recorded
Scoperegional

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Fairness

1/5

Non-discrimination and equitable treatment

ensuring health, safety and a high level of protection of the fundamental rights

Paragraph 2

screening score · 2026-10-23

Human Dignity

0/5

Respect for the inherent worth of persons

screening score · 2026-10-23

Human Oversight

0/5

Humans remain in control of consequential decisions

screening score · 2026-10-23

Privacy

5/5

Protection of personal data and private life

Union data protection law is fully applicable to the processing of personal data involved in the lifecycle of the AI systems, as explicitly recognised in Article 2(7) AI Act

Paragraph 3

screening score · 2026-10-23

Transparency

1/5

Openness about how AI systems work and are used

designated as the single points of contact for the public and counterparts at Member State and Union levels

Paragraph 10

screening score · 2026-10-23

Enforcement

4/5

Consequences and compliance mechanisms with real force

It has materialised in the EU jurisdictions through position papers, public consultations, parliamentary hearings, guidelines, opinions related to data protection impact assessments, investigations, corrective measures and (sometimes) sanctions.

Footnote 9

screening score · 2026-10-23

Impact Assessment

4/5

Required assessment of an AI system's risks/impacts before or during use

Moreover, in the light of the provisions contained in Articles 26(9), 27(4) and Annex VIII, Section C, point 5 AI Act, a close relationship is expected between the data protection impact assessment and the fundamental right impact assessment

Paragraph 8

screening score · 2026-10-23

Topics

artificial_intelligence_act data_protection market_surveillance fundamental_rights enforcement