Article 3 of the EU AI Act provides 65 defined terms. Precise use of these definitions is critical because the obligations triggered by the regulation depend entirely on how an entity and its technology are classified under Article 3.
Core Definitions: AI System
Article 3(1) defines an "AI system" as a machine-based system that, for a given set of objectives, infers from the inputs it receives how to generate outputs such as predictions, recommendations, decisions, or content that can influence real or virtual environments, and that is designed to operate with varying levels of autonomy. Crucially, this definition excludes rule-based systems with no learning or inferencing capability -- such systems are not AI systems under the regulation.
Provider, Deployer, and Operator Roles
The regulation assigns different obligation sets to different operator types. A "provider" (Article 3(3)) is an entity that develops an AI system and places it on the market under its own name. A "deployer" (Article 3(4)) is an entity that uses an AI system under its authority, except where it is used in the course of a personal non-professional activity. An "importer" (Article 3(6)) brings AI systems from outside the EU into the EU market. A "distributor" (Article 3(7)) makes an AI system available on the EU market without placing it on the market or putting it into service.
Regulation (EU) 2024/1689 — Article 3(1)
“"AI system" means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, recommendations, decisions, or content that can influence real or virtual environments.”
| Role | Article 3 Definition | Primary Obligation Chapter |
|---|---|---|
| Provider | Develops and places AI on market under own name | Chapter 3 (Articles 16-27) |
| Deployer | Uses AI system under own authority | Article 26 |
| Importer | Brings AI from non-EU into EU market | Article 23 |
| Distributor | Makes AI available on EU market | Article 24 |
| Authorised representative | Acts on behalf of non-EU provider | Article 22 |
- The same entity can be both a provider (of its own AI systems) and a deployer (of a third-party GPAI model)
- A company that fine-tunes a GPAI model may become a provider under Article 25
- "General-purpose AI model" is separately defined in Article 3(63)
- "Serious incident" is defined in Article 3(49) and triggers reporting obligations under Article 73
- "Substantial modification" (Article 3(23)) triggers re-assessment obligations for providers