Provider vs deployer

Provider (Art. 3(3)): develops an AI system, or has one developed, and places it on the market or puts it into service under its own name or trademark.
Deployer (Art. 3(4)): uses an AI system under its authority, except for personal non-professional activity.

A SaaS that wraps the OpenAI API in its product and sells it under its own brand is generally the provider of that AI system, even though OpenAI is the provider of the underlying GPAI model.

When a deployer becomes a provider (Art. 25)

• You put your name or trademark on a high-risk system already on the market.
• You make a substantial modification to a high-risk system.
• You change the intended purpose of a system so that it becomes high-risk.

Why it matters

Providers carry most of the obligations (Art. 16, 50(1)–(2)). Deployers have lighter but real duties (Art. 26, 50(3)–(4)).

Not legal advice. Last reviewed 26 Oct 2026.