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Article 52c

Obligations for Providers of General Purpose AI Models

Updated on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd

1. Providers of general purpose AI models shall:

  1. draw up and keep up-to-date the technical documentation of the model, including its training and testing process and the results of its evaluation, which shall contain, at a minimum, the elements set out in Annex IXa for the purpose of providing it, upon request, to the AI Office and the national competent authorities;
  2. draw up, keep up-to-date and make available information and documentation to providers of AI systems who intend to integrate the general purpose AI model in their AI system. Without prejudice to the need to respect and protect intellectual property rights and confidential business information or trade secrets in accordance with Union and national law, the information and documentation shall:
    (i) enable providers of AI systems to have a good understanding of the capabilities and limitations of the general purpose AI model and to comply with their obligations pursuant to this Regulation; and
    (ii) contain, at a minimum, the elements set out in Annex IXb.
    (c) put in place a policy to respect Union copyright law in particular to identify and respect, including through state of the art technologies, the reservations of rights expressed pursuant to Article 4(3) of Directive (EU) 2019/790;
    (d) draw up and make publicly available a sufficiently detailed summary about the content used for training of the general-purpose AI model, according to a template provided by the AI Office.

-2. The obligations set out in paragraph 1, with the exception of letters (c) and (d), shall not apply to providers of AI models that are made accessible to the public under a free and open licence that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available. This exception shall not apply to general purpose AI models with systemic risks.

2. Providers of general purpose AI models shall cooperate as necessary with the Commission and the national competent authorities in the exercise of their competences and powers pursuant to this Regulation.

3. Providers of general purpose AI models may rely on codes of practice within the meaning of Article 52e demonstrate compliance with the obligations in paragraph 1, until a harmonised standard is published. Compliance with a European harmonised standard grants providers the presumption of conformity. Providers of general purpose AI models with systemic risks who do not adhere to an approved code of practice shall demonstrate alternative adequate m

4. For the purpose of facilitating compliance with Annex IXa, notably point 2, (d) and (e), the Commission shall be empowered to adopt delegated acts in accordance with Article 73 to detail measurement and calculation methodologies with a view to allow comparable and verifiable documentation.

4a. The Commission is empowered to adopt delegated acts in accordance with Article 73(2) to amend Annexes IXa and IXb in the light of the evolving technological developments.

4b. Any information and documentation obtained pursuant to the provisions of this Article, including trade secrets, shall be treated in compliance with the confidentiality obligations set out in Article 70.

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