Determine whether agenda articulation triggers provider status under Article 25

Determine whether a deployer’s articulation of a normative agenda for anticipatory oversight constitutes a substantial modification that triggers provider status under Article 25 of the EU AI Act.

Background

The paper discusses the allocation of anticipatory-oversight responsibilities between providers and deployers under the EU AI Act. Article 25 can cause a deployer to become a provider when the deployer substantially modifies a high-risk AI system, but the legal threshold for substantial modification is uncertain. The unresolved question is whether specifying an anticipatory-oversight agenda is itself sufficient to cross that threshold.

References

Given the current legal uncertainty about how that threshold should be interpreted , it remains an open question whether a deployer's articulation of the agenda for anticipatory oversight would itself trigger Article 25.

— Anticipatory Human Oversight of Agentic AI: A Philosophical Account  (2609.24242 - Baum et al., 21 Sep 2026) in Section 6, subsection “Regulatory compliance”