Art.95

Article 95 – Codes of Conduct for Voluntary Application of Specific Requirements

General SME Relevant ~3 min read · 507 words

Article 95 opens Chapter X and establishes voluntary codes of conduct — a mechanism by which providers of AI systems that are not high-risk can voluntarily commit to meeting some or all of the high-risk requirements. It is the Act’s recognition that good AI governance does not end at the compliance threshold, and that voluntary standards have a role to play in raising the bar across the industry.

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

Voluntary adoption of high-risk standards by non-high-risk AI providers

Article 95 creates a framework for voluntary codes of conduct through which providers of AI systems that are below the high-risk threshold can choose to apply some or all of the technical requirements designed for high-risk systems. The AI Office and member states facilitate and encourage these codes, and the Commission may approve them — giving them a level of official recognition.

WHAT IT SAYS

AI Office facilitates, Commission approves, providers may join voluntarily

The AI Office and member states shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application of some or all of Chapter III Section 2 requirements to AI systems other than high-risk systems
Codes of conduct may also address ethics principles such as sustainability, accessibility, and diversity
The AI Office and member states shall facilitate participation of SMEs including startups, civil society, and other stakeholders in the development of codes
Codes are drawn up by individual providers or organisations representing them — the Commission may approve codes that meet specified criteria
Approved codes may be used as evidence of responsible AI practices — though they do not create legal presumptions of compliance with mandatory requirements
The Commission may evaluate the effectiveness of approved codes and recommend amendments where necessary
Participation in approved codes of conduct may be taken into account by market surveillance authorities when assessing an operator’s overall approach to compliance

WHO IS AFFECTED

Providers of non-high-risk AI systems who want to demonstrate responsible practices

Providers of AI systems below the high-risk threshold who wish to signal commitment to higher standards
Industry associations and organisations developing codes on behalf of their members
The AI Office and member states facilitating code development
The Commission which may approve codes and evaluate their effectiveness

WHAT IT MEANS FOR SMES

A trust signal and procurement differentiator — without mandatory compliance costs

Participation in approved codes of conduct allows you to demonstrate responsible AI practices even if your system is not high-risk and you face no mandatory compliance obligations
For B2B AI providers: public sector and large enterprise customers increasingly require evidence of responsible AI practices in procurement — an approved code of conduct provides that evidence
The facilitation of SME participation in code development is explicit — engage with your industry association to shape codes that are practical for smaller businesses rather than having standards set by large incumbents
Voluntary codes do not create legal liability — participating in a code and then failing to follow it does not automatically create an enforcement risk, but it may affect reputation
Monitor which codes the Commission approves — approved codes carry more credibility with customers and procurement teams than informal commitments

Article 96 — Commission guidelines (the guidelines that support code development and application)
Article 56 — GPAI codes of practice (the mandatory GPAI compliance mechanism — distinct from these voluntary codes)
Article 9 through 15 — High-risk requirements (the requirements that may be voluntarily adopted under this article)
Article 62 — SME measures (SME participation in code development is facilitated under both articles)

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