Article 75d: Safeguards and further specification
Summary
Article 75d sets out procedural safeguards for operators subject to the AI Office’s competence. It requires full respect for the rights of defence and provides operators with access to the AI Office’s file, where relevant, through negotiated disclosure arrangements protecting business secrets and other confidential information. Access does not extend to confidential information, internal documents or correspondence between the AI Office and other public authorities. The Commission may adopt implementing acts specifying the practical arrangements for access to the file and negotiated disclosure. The AI Office must publish its decisions on commitments and non-compliance, including any penalties imposed, while protecting confidential information and other legitimate interests
The summaries are meant to provide helpful explanation but are not legal binding.
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1. Article 18 of Regulation (EU) 2019/1020 shall apply mutatis mutandis to operators subject to the AI Office’s competence pursuant to Article 75(1) of this Regulation, without prejudice to more specific procedural rights provided for in this Regulation.
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2. The rights of defence and of access to the file of operators falling within the scope of Article 75(1) shall be fully respected in proceedings. In view of the possible adoption of decisions on the basis of Article 75c(1), those operators shall be entitled to have access to the AI Office file under the terms of a negotiated disclosure, subject to the legitimate interest of the operator or other person concerned in the protection of their business secrets. The AI Office shall have the power to adopt decisions setting out such terms of disclosure in the case of disagreement between the parties. The right of access to the file shall not extend to confidential information and internal documents of the AI Office, the Board, competent market surveillance authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the AI Office and those authorities. Nothing in this paragraph shall prevent the AI Office from disclosing and using information necessary to prove an infringement.
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3. The Commission may adopt implementing acts concerning the practical arrangements for access to the file and the negotiated disclosure of information provided for in paragraph 2.
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4. The AI Office shall publish the decisions it adopts pursuant to Articles 75b and 75c. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed. The publication shall have regard to the rights and legitimate interests of any person concerned in the protection of their confidential information.