EU AI Act
Are you an AI Provider or AI Deployer under Article 25?
If you call OpenAI, Anthropic, or Mistral APIs, do you accidentally become an AI Provider? 4 questions to verify your statutory role under AI Act Article 25(1).
Last updated: 1 May 2025
Do Provider vs Deployer classification need to comply with EU AI Act?
If you call OpenAI, Anthropic, or Mistral APIs, do you accidentally become an AI Provider? 4 questions to verify your statutory role under AI Act Article 25(1). If yes: Statutory Provider status triggered under Article 25(1)(a). If not: Out of scope — no AI Act obligations. Use t…
- Yes path: Statutory Provider status triggered under Article 25(1)(a)
- No path: Out of scope — no AI Act obligations
- Use the step-by-step decision tree below for your exact situation
EU AI Act · Question 1
Do you integrate, deploy, or build software features using artificial intelligence models or APIs?
Covers calling external foundation model APIs (OpenAI, Anthropic, Mistral), self-hosting open-weight models (Llama, Mistral), or developing custom machine learning pipelines.
For informational purposes only. Consult qualified legal counsel before making compliance decisions.
Decision tree questions
Do you integrate, deploy, or build software features using artificial intelligence models or APIs?
Covers calling external foundation model APIs (OpenAI, Anthropic, Mistral), self-hosting open-weight models (Llama, Mistral), or developing custom machine learning pipelines.
- Yes: Continue to: Do you place your own name or trademark on an existing general-purpose AI system without clearly identifying the original provider?
- No: Out of scope — no AI Act obligations
Do you place your own name or trademark on an existing general-purpose AI system without clearly identifying the original provider?
Under Article 25(1)(a), placing your name or trademark on an AI system already placed on the market makes you the legal Provider, unless contractual arrangements allocate responsibilities otherwise.
- Yes: Statutory Provider status triggered under Article 25(1)(a)
- No: Continue to: Do you make a substantial modification to the AI system that alters its safety, performance, or risk profile?
Do you make a substantial modification to the AI system that alters its safety, performance, or risk profile?
Article 25(1)(b): A change to an AI system that affects its compliance with applicable requirements or modifies its intended purpose makes the modifier a Provider.
- Yes: Provider status triggered by substantial modification (Art. 25(1)(b))
- No: Continue to: Do you adapt or fine-tune the model specifically for an Annex III high-risk use case (e.g. CV filtering, credit evaluation, biometric identification)?
Do you adapt or fine-tune the model specifically for an Annex III high-risk use case (e.g. CV filtering, credit evaluation, biometric identification)?
Article 25(1)(c): Modifying the intended purpose of an AI system such that it becomes a high-risk AI system makes you the legal Provider of that high-risk system.
- Yes: Provider of high-risk AI triggered under Article 25(1)(c)
- No: AI Deployer status confirmed — streamlined compliance obligations