It is hard to imagine modern companies without the use of artificial intelligence (AI). Whether automated processes, intelligent chatbots or innovative product developments – AI offers countless opportunities. But with opportunities come obligations. The AI Act, the EU regulation on the regulation of AI systems, places clear requirements on companies. In particular, the terms “operator” and “provider” play a central role, as they define responsibilities. But what do these terms mean in concrete terms and what obligations do they entail?

In this article, you will find out who is considered an operator and provider, which legal requirements are relevant and how you can best prepare for this.

What does “operator” mean for the purposes of the AI Act?

The term “operator” describes companies or persons who use or provide an AI system within the EU. This includes, for example

• Companies that use AI to automate customer inquiries.
• Creatives who use AI tools for design or content creation.
• Organizations that implement AI-supported processes for personnel decisions.

Obligations of operators

• Ensure that the AI system used meets the requirements of the AI Act (e.g. transparency and risk assessment).
• Ensuring data protection and the traceability of results.
• Regular checking and monitoring of AI systems to prevent misuse or malfunctions.

Who is considered a “provider”?

Providers are those who develop an AI system, place it on the market or make it available to third parties. Examples:

• Developers of AI software such as ChatGPT, which companies license.
• Platforms that offer AI systems for analyzing customer data.
• Start-ups that provide innovative AI solutions.

Obligations of providers

• Carrying out a conformity assessment before placing the AI system on the market.
• Documentation of all relevant information (e.g. technical specifications).
• Provision of instructions for safe use and correct integration.
• Registration of the AI system in an EU database for high-risk AI systems.

Practical example: AI in customer service

Imagine a medium-sized company that uses an AI chatbot to process customer inquiries more efficiently. As the operator, the company is responsible for ensuring that the chatbot does not provide discriminatory answers and that data protection is observed. The provider of the chatbot, in turn, must ensure that the system has been developed in accordance with the regulations and is clearly documented.

Obligations for both parties – cooperation is the key

Operators and providers often work closely together to meet the requirements of the AI Act. This is particularly important when it comes to high-risk AI systems that are used in the healthcare sector or in public administration, for example.

Our focus on the topic of “AI in the company”

The use of AI opens up exciting opportunities for companies, but also raises many legal questions. Our topic page “AI in the company” provides you with comprehensive information and practical tips on how to use AI safely and effectively.