(49) 'serious incident' means an incident or malfunctioning of an AI system that directly or indirectly leads to any of the following: (a) the death of a person, or serious harm to a person's health; (b) a serious and irreversible disruption of the management or operation of critical infrastructure; (c) the infringement of obligations under Union law intended to protect fundamental rights; (d) serious harm to property or the environment. [Article 73] 2. The report referred to in paragraph 1 shall be made immediately after the provider has established a causal link between the AI system and the serious incident or the reasonable likelihood of such a link, and, in any event, not later than 15 days after the provider or, where applicable, the deployer, becomes aware of the serious incident. The period for the reporting referred to in the first subparagraph shall take account of the severity of the serious incident. 3. Notwithstanding paragraph 2 of this Article, in the event of a widespread infringement or a serious incident as defined in Article 3, point (49)(b), the report referred to in paragraph 1 of this Article shall be provided immediately, and not later than two days after the provider or, where applicable, the deployer becomes aware of that incident. 4. Notwithstanding paragraph 2, in the event of the death of a person, the report shall be provided immediately after the provider or the deployer has established, or as soon as it suspects, a causal relationship between the high-risk AI system and the serious incident, but not later than 10 days after the date on which the provider or, where applicable, the deployer becomes aware of the serious incident. 5. Where necessary to ensure timely reporting, the provider or, where applicable, the deployer, may submit an initial report that is incomplete, followed by a complete report.
How this was checked
Serious incidents: reporting and deadlines
Verified · last checked Settled, with the evidence a claim at this level needs.
Providers of high-risk AI systems placed on the Union market must report any serious incident to the market surveillance authorities of the Member State where it occurred. The report is made immediately after the provider has established a causal link between the system and the incident or the reasonable likelihood of one, and in any event not later than fifteen days after the provider or, where applicable, the deployer becomes aware of the incident; the period takes account of the severity of the incident. For a widespread infringement or a serious incident within the meaning of Article 3(49)(b), the report is made immediately and not later than two days. In the event of the death of a person the report is made immediately after a causal relationship has been established or is suspected, and not later than ten days. A serious incident is defined by its consequences: the death of a person or serious harm to a person's health, a serious and irreversible disruption of critical infrastructure, the infringement of obligations under Union law intended to protect fundamental rights, or serious harm to property or the environment.
At a glance
The statement laid out, in its own words. The statement above and its sources are what count.
Who reports, to whom
- Providers of high-risk AI systems placed on the Union market
- to the market surveillance authorities of the Member State where the incident occurred
When the report is due
| Situation | Deadline |
|---|---|
| Other serious incidents | Immediately after a causal link, or its reasonable likelihood, is established, and not later than fifteen days after the provider or, where applicable, the deployer becomes aware of it; the period takes account of the incident's severity |
| A widespread infringement, or a serious incident within Article 3(49)(b) | Immediately, and not later than two days |
| The death of a person | Immediately after a causal relationship is established or suspected, and not later than ten days |
What makes an incident serious
- The death of a person, or serious harm to a person's health
- A serious and irreversible disruption of critical infrastructure
- The infringement of obligations under Union law intended to protect fundamental rights
- Serious harm to property or the environment
Where the book relies on it
- The AI Act File, When something goes wrong. About The AI Act File
- Kind of evidence
- documentarySettled by a first-hand source, quoted below with the day it was read.
The evidence
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