Article 26(7) requires deployers to inform workers and their representatives, before putting into service or using a high-risk system at the workplace, that they will be subject to the use of the system, and to inform affected persons, in the circumstances the paragraph sets, about the use of the system, the decision or action, and the right to an explanation. Article 26(8) and Article 49 require deployers in the situations those articles set, including public authorities and deployers of Annex III systems, to register the use in the EU database. Article 86 gives affected persons the right to obtain a clear and meaningful explanation of the role of the system in a decision, in the circumstances it sets. Information, registration and explanation are distinct duties with different audiences, timing and content, and each must be planned before first use.
What must workers be told, and when?
Before putting into service or using a high-risk system at the workplace, the deployer must inform the workers concerned and their representatives that they will be subject to the use of the system. The information should be given in time for workers and representatives to understand the use, to raise questions, and to exercise any consultation rights under employment law. The content should include that a high-risk system will be used, the purpose, the decisions it affects, the data involved, the oversight, and the route for questions or concerns. The information should be recorded, with the audience, the date, and the form in which it was given, so that the deployer can show that workers were informed before use, not after the system was already operating.
What must affected persons be told?
Article 26(7) also requires deployers to inform natural persons subject to a decision taken by or with the assistance of a high-risk system, in the circumstances the paragraph sets, that they are subject to the use of the system, and to provide information about the decision, the main elements, and the right to an explanation under Article 86, in a clear and meaningful manner. The information should be given in a form the person can understand, at a time when they can act on it, and should not be buried in general terms. Affected persons include candidates, applicants, workers, service users and others whose position is affected by the decision. The deployer should record the information given, the audience, and the timing, and should ensure that the information matches the actual use, not a generic description.
For the broader regulatory framework, see deployer responsibilities.
What is the right to an explanation under Article 86?
Article 86 gives a person subject to a decision based on the output of a high-risk system, which produces legal effects or similarly significantly affects the person, the right to obtain from the deployer a clear and meaningful explanation of the role of the AI system in the decision-making procedure and the main elements of the decision. The explanation must be provided on request, in a form the person can understand, and must address the system's role, not only the outcome. The deployer should have a process for receiving requests, for preparing explanations from the logs and the oversight record, and for responding within a reasonable time. The process should be tested, so that an explanation can actually be produced from the records held, rather than promised in a policy.
When must deployer use be registered?
Article 49 requires deployers that are public authorities, or that act on behalf of public authorities, and deployers of high-risk systems referred to in Annex III, in the circumstances the article sets, to register the use in the EU database before first use, with the information Annex VIII requires. The registration includes the deployer, the system, the intended purpose, and, where applicable, the fundamental rights impact assessment summary. The deployer should check the registration trigger for its category and use, complete the registration before first use, and update it where the use changes. A registration that describes a different system, purpose or deployment from the actual use does not satisfy the duty, and should be corrected promptly.
How should information, registration and explanation be coordinated?
Information, registration and explanation should be coordinated through a single deployment record that states the system, the purpose, the affected people, the information given, the registration entry, and the explanation process. The record should be checked before first use, so that no duty is missed, and updated where the deployment changes. Where a fundamental rights impact assessment is required, its summary and its notification should be linked to the same record. Coordination matters because the three duties serve the same purpose: affected people should be able to know that a system is used, to see its registered use, and to obtain an explanation of its role in a decision about them. A deployment that meets one duty but misses another leaves the affected person without the full picture.
Continue with Article 26 deployer duties in depth.
What is not decided by this guide?
This guide explains the information, registration and explanation duties in outline. It does not decide whether a particular deployer must register, whether a particular person is an affected person, or what a particular explanation must contain. Those questions need the deployer category, the Annex III point, the decision, and the person's position, read against Articles 26, 49 and 86 in the consolidated text and the applicable employment and administrative law. Information and registration for consequential deployments should be confirmed with a competent authority or legal adviser before first use, because the duties must be met before use, not remedied afterwards.
Frequently asked questions
Must workers be consulted before a high-risk system is used at work?
Article 26(7) requires informing workers and their representatives before use. Consultation duties under national employment law, works council rules and collective agreements can go further, and must be checked separately. Information alone does not replace consultation where consultation is required.
Does the right to explanation apply to every AI output?
No. Article 86 applies to decisions based on the output of a high-risk system that produce legal effects or similarly significantly affect a person, in the circumstances the article sets. The deployer should check the trigger for each decision type, and should have a process for handling requests where it applies.
Is registration a one-off task?
No. Registration must be completed before first use where required, and must be updated where the use, the system or the purpose changes. The registration entry should be checked against the deployment record regularly.
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This article is an informational overview, not a legal determination. Check the current legal text and official implementation guidance for your system and role.
Consolidated Regulation (EU) 2024/1689 ↗AI Act Service Desk timeline ↗European Commission regulatory framework for AI ↗