What Non-EU GPAI Providers Must Know
If you are a non-EU provider of a General-Purpose AI (GPAI) model, the EU AI Act requires you to appoint an Authorized Representative established in the European Union before placing your model on the EU market — unless a narrow open-source exemption applies. This requirement is a mandatory market access condition, not a formal or symbolic role.
What Is an Authorized Representative under the EU AI Act?
An Authorized Representative (AR) is a natural or legal person established in the EU who is formally mandated to act on behalf of a non-EU AI provider for compliance with the EU AI Act.
Under the regulation, the Authorized Representative serves as:
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the official EU-based compliance contact point,
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a regulatory interface with the EU AI Office and national authorities, and
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a custodian of key compliance documentation.
This role is legally enforceable and plays a central part in the EU’s governance model for AI systems and General-Purpose AI models.
Who Must Appoint an Authorized Representative?
You must appoint an Authorized Representative if all of the following conditions are met:
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You are a provider of a General-Purpose AI (GPAI) model
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Your organisation is established outside the European Union
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Your GPAI model is placed on the EU market, either directly or indirectly
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The model is not fully exempt under the open-source exception, or it may pose systemic risk
Placing on the market includes making the model available via:
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APIs or cloud-based access
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licensing or commercial distribution
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integration into downstream AI systems used or marketed in the EU
When Is the Authorized Representative Required?
Before the GPAI model is placed on the EU market, there is no grace period once the model becomes accessible or usable within the scope of EU law.
If EU users or downstream deployers can access the model, the obligation applies.
Legal Basis in the EU AI Act
The Authorized Representative requirement for GPAI models is established in Regulation (EU) 2024/1689 (EU AI Act) and is part of the governance framework for General-Purpose AI models.
It is closely linked to:
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Article 53 – obligations for GPAI providers
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Article 55 – additional obligations for GPAI models with systemic risk
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Annex XI – technical documentation requirements
The Authorized Representative acts as the EU-facing enforcement and cooperation anchor for these obligations.
Does the Requirement Apply to Open-Source GPAI Models?
Yes — with an important exception. The obligation to appoint an Authorized Representative does not apply if all of the following conditions are met:
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The GPAI model is released under a free and open-source licence
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The licence allows use, modification, and redistribution
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Model parameters, architecture, and usage information are publicly available
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The model does not pose systemic risk
Critical clarification: If an open-source GPAI model poses systemic risk, the exemption does not apply, and an Authorized Representative must still be appointed.
Why This Requirement Matters for GPAI Providers
For non-EU GPAI providers, appointing an Authorized Representative is not just about legal compliance — it is about EU market access and trust.
Failure to comply can result in:
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regulatory enforcement actions,
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barriers to EU market entry,
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contractual risk for EU-based deployers and partners, and
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reputational damage in enterprise and public-sector markets.
For downstream users, the presence of an Authorized Representative is often a due diligence requirement when selecting AI vendors.
Authorized Representative vs Other EU AI Act Roles
It is important not to confuse the Authorized Representative with other roles under the EU AI Act:
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Provider – develops and places the GPAI model on the market
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Deployer – uses the AI system under its authority
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Distributor / Importer – handles commercial availability
The Authorized Representative does not replace the provider but acts as the EU-based regulatory counterpart for enforcement and cooperation purposes.
How Actus AI Supports GPAI Providers
Actus AI provides specialized Authorized Representative services under the EU AI Act, tailored for:
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non-EU General-Purpose AI and foundation model providers,
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generative AI and LLM companies, and
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AI platforms offering models via APIs or cloud-based services.
Our approach combines:
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deep regulatory expertise in the EU AI Act,
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AI governance and documentation readiness,
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operational support for long-term compliance, and
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structured cooperation with EU authorities when required.
Appointing an Authorized Representative should enable innovation — not slow it down. Actus AI helps GPAI providers enter and scale in the EU market with confidence. Contact us to discuss Authorized Representative services and EU AI Act readiness.