Article 9: Risk management system
agent:eu:ai-act:art-9 · sha256 6290323b9eb81d64
Turnover framework under the act
- Art. 99(3): up to the higher of EUR 35,000,000 / 7 % of worldwide annual turnover
- Art. 99(4): up to the higher of EUR 15,000,000 / 3 % of worldwide annual turnover
- Art. 99(5): up to the higher of EUR 7,500,000 / 1 % of worldwide annual turnover
- The framework follows from article 99.
Affected roles
provider
Affected industries
Not in the register yet.
Obligations
- provider: Establish and maintain a risk management system.
Article text
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems.
2. The risk management system shall be understood as a continuous iterative process planned and run throughout the entire lifecycle of a high-risk AI system, requiring regular systematic review and updating. It shall comprise the following steps:
(a)
the identification and analysis of the known and the reasonably foreseeable risks that the high-risk AI system can pose to health, safety or fundamental rights when the high-risk AI system is used in accordance with its intended purpose;
(b)
the estimation and evaluation of the risks that may emerge when the high-risk AI system is used in accordance with its intended purpose, and under conditions of reasonably foreseeable misuse;
(c)
the evaluation of other risks possibly arising, based on the analysis of data gathered from the post-market monitoring system referred to in Article 72;
(d)
the adoption of appropriate and targeted risk management measures designed to address the risks identified pursuant to point (a).
3. The risks referred to in this Article shall concern only those which may be reasonably mitigated or eliminated through the development or design of the high-risk AI system, or the provision of adequate technical information.
4. The risk management measures referred to in paragraph 2, point (d), shall give due consideration to the effects and possible interaction resulting from the combined application of the requirements set out in this Section, with a view to minimising risks more effectively while achieving an appropriate balance in implementing the measures to fulfil those requirements.
5. The risk management measures referred to in paragraph 2, point (d), shall be such that the relevant residual risk associated with each hazard, as well as the overall residual risk of the high-risk AI systems is judged to be acceptable.
In identifying the most appropriate risk management measures, the following shall be ensured:
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