Art.94

Article 94 – Procedural Rights of Economic Operators of the General-Purpose AI Model

GPAI Models SME Relevant ~2 min read · 425 words

Article 94 establishes the procedural rights that GPAI model providers have during enforcement proceedings. The right to be heard, the right to access the file, the right to legal representation — these are the due process protections that balance the AI Office’s significant investigative and enforcement powers with fundamental fairness for the businesses it regulates.

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

Due process protections in GPAI enforcement proceedings

Article 94 sets out the procedural rights of GPAI model providers — referred to as economic operators — when they are subject to AI Office enforcement proceedings under Articles 88–93. It ensures that the significant investigative and enforcement powers of the AI Office are exercised with appropriate procedural fairness.

WHAT IT SAYS

Right to be heard, access to file, legal representation, and appeal

Before the AI Office adopts any decision adversely affecting a GPAI model provider, it must give the provider the opportunity to submit observations on the preliminary findings
The provider has the right to access the AI Office’s file — to see the evidence and information on which the preliminary findings are based, subject to confidentiality obligations
Legal and other professional representation is permitted — providers may be represented by lawyers or other qualified persons during enforcement proceedings
Oral hearings may be requested where written submissions are insufficient to present the provider’s case
Decisions of the AI Office are subject to review by the appropriate Union bodies — providers have access to judicial review of enforcement decisions
The AI Office must act within reasonable time limits — proceedings must not be unduly prolonged
The rights apply equally to the provider’s authorised representative where the provider is established outside the EU

WHO IS AFFECTED

GPAI model providers facing AI Office enforcement proceedings

GPAI model providers subject to investigations, evaluations or measure requests under Articles 88-93
Non-EU GPAI providers through their authorised representatives
The AI Office which must conduct proceedings in accordance with these rights
Legal representatives and advisors to GPAI providers

WHAT IT MEANS FOR SMES

Background governance — but the procedural rights model matters

This article directly applies to frontier GPAI providers, not typical SMEs
The due process model established here is significant as a precedent — it shows the Act’s enforcement architecture is designed to be fair and reviewable, not arbitrary
For SMEs facing national enforcement under Articles 74–83: while Article 94 specifically covers GPAI proceedings, the analogous rights exist under general EU administrative law and Regulation (EU) 2019/1020 for national enforcement
If you are subject to any AI Act enforcement action — national or EU-level — assert your right to be heard and your right to access the investigative file before any decision is finalised; these are foundational procedural protections

Article 93 — Power to request measures (the enforcement action these rights apply before)
Article 88 — GPAI enforcement (the overall enforcement context)
Article 79 — National enforcement procedure (analogous procedural fairness at national level)
Article 78 — Confidentiality (limits what the provider can access in the file)

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