Placing on the market
Placing on the market means the first making available of an AI system or a general-purpose AI model on the Union market. Making available on the market is a broader concept, denoting repeated, ongoing commercial activity, whereas placing on the market marks that first act, to which numerous obligations — CE marking, conformity assessment — attach.
These concepts are defined in Article 3(9) and (10). The distinction matters because certain obligations — such as carrying out the conformity assessment and affixing the CE marking — are expressly tied to the moment of placing on the market, i.e. the first market appearance, while others, such as cooperating with market surveillance authorities, apply continuously throughout the system's entire market presence. Placing on the market does not necessarily coincide with the start of actual use — a system can be placed on the market without anyone taking it into use, and conversely, for a system developed in-house solely for internal use, the relevant event is not placing on the market but putting into service. Together, the two concepts cover the full spectrum through which an AI system travels from developer to end user.
The date of placing on the market often determines which version of the rules and which transitional provisions apply to a system — this date is worth recording with documentation.
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Start freeRelated terms
- Putting into servicePutting into service means the first supply of an AI system, in accordance with its intended purpose, directly to the deployer, or for own use, in the Union. This concept captures in-house developed systems used solely within the developing company that never enter commercial circulation.
- ProviderA provider is a natural or legal person that develops an AI system or a general-purpose AI model, or has one developed, and places it on the market or puts it into service under its own name or trademark, whether for payment or free of charge. Providers bear the Regulation's most extensive package of obligations: risk management, data governance, documentation, conformity assessment, CE marking.
- Conformity assessmentConformity assessment is the procedure by which a provider demonstrates that a high-risk AI system meets the requirements laid down in Section 2 of Chapter III of the Regulation — risk management, data governance, documentation, human oversight, and the rest. For systems falling under points 2–8 of Annex III, internal control suffices; involvement of a notified body is typically mandatory only for biometric systems.
- GrandfatheringGrandfathering refers to the rule under which the Regulation applies to AI systems already placed on the market before the application date of the high-risk block only if they undergo a substantial modification affecting their design. This protection does not extend to prohibited practices — the prohibition applies to those immediately, with no grace period.