Chapter III: HIGH-RISK AI SYSTEMS
Section 3: Obligations of providers and deployers of high-risk AI systems and other parties
Article 26: Obligations of deployers of high-risk AI systems

1. Deployers of high-risk AI systems shall take appropriate technical and organisational measures to ensure they use  such systems in accordance with the instructions for use accompanying the systems, pursuant to paragraphs 3 and 6. 2. Deployers shall assign human oversight to natural persons who have the necessary competence, training and  authority, as well as the necessary support. 3. The obligations set out in paragraphs 1 and 2, are without prejudice to other deployer obligations under Union or  national law and to the deployer’s freedom to organise its own resources and activities for the purpose of implementing the  human oversight measures indicated by the provider. 4. Without prejudice to paragraphs 1 and 2, to the extent the deployer exercises control over the input data, that  deployer shall ensure that input data is relevant and sufficiently representative in view of the intended purpose of the  high-risk AI system. 5. Deployers shall monitor the operation of the high-risk AI system on the basis of the instructions for use and, where  relevant, inform providers in accordance with Article 72. Where deployers have reason to consider that the use of the  high-risk AI system in accordance with the instructions may result in that AI system presenting a risk within the meaning of  Article 79(1), they shall, without undue delay, inform the provider or distributor and the relevant market surveillance  authority, and shall suspend the use of that system. Where deployers have identified a serious incident, they shall also  immediately inform first the provider, and then the importer or distributor and the relevant market surveillance authorities  of that incident. If the deployer is not able to reach the provider, Article 73 shall apply mutatis mutandis. This obligation  shall not cover sensitive operational data of deployers of AI systems which are law enforcement authorities. For deployers that are financial institutions subject to requirements regarding their internal governance, arrangements or  processes under Union financial services law, the monitoring obligation set out in the first subparagraph shall be deemed to  be fulfilled by complying with the rules on internal governance arrangements, processes and mechanisms pursuant to the  relevant financial service law. 6. Deployers of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system to the extent  such logs are under their control, for a period appropriate to the intended purpose of the high-risk AI system, of at least six  months, unless provided otherwise in applicable Union or national law, in particular in Union law on the protection of  personal data. Deployers that are financial institutions subject to requirements regarding their internal governance, arrangements or  processes under Union financial services law shall maintain the logs as part of the documentation kept pursuant to the  relevant Union financial service law. 7. Before putting into service or using a high-risk AI system at the workplace, deployers who are employers shall inform  workers’ representatives and the affected workers that they will be subject to the use of the high-risk AI system. This  information shall be provided, where applicable, in accordance with the rules and procedures laid down in Union and  national law and practice on information of workers and their representatives. 8. Deployers of high-risk AI systems that are public authorities, or Union institutions, bodies, offices or agencies shall  comply with the registration obligations referred to in Article 49. When such deployers find that the high-risk AI system  that they envisage using has not been registered in the EU database referred to in Article 71, they shall not use that system  and shall inform the provider or the distributor. 9. Where applicable, deployers of high-risk AI systems shall use the information provided under Article 13 of this  Regulation to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680. 10. Without prejudice to Directive (EU) 2016/680, in the framework of an investigation for the targeted search of  a person suspected or convicted of having committed a criminal offence, the deployer of a high-risk AI system for  post-remote biometric identification shall request an authorisation, ex ante, or without undue delay and no later than 48  hours, by a judicial authority or an administrative authority whose decision is binding and subject to judicial review, for the  use of that system, except when it is used for the initial identification of a potential suspect based on objective and verifiable  facts directly linked to the offence. Each use shall be limited to what is strictly necessary for the investigation of a specific  criminal offence. If the authorisation requested pursuant to the first subparagraph is rejected, the use of the post-remote biometric  identification system linked to that requested authorisation shall be stopped with immediate effect and the personal data  linked to the use of the high-risk AI system for which the authorisation was requested shall be deleted. In no case shall such high-risk AI system for post-remote biometric identification be used for law enforcement purposes in  an untargeted way, without any link to a criminal offence, a criminal proceeding, a genuine and present or genuine and  foreseeable threat of a criminal offence, or the search for a specific missing person. It shall be ensured that no decision that  produces an adverse legal effect on a person may be taken by the law enforcement authorities based solely on the output of  such post-remote biometric identification systems. This paragraph is without prejudice to Article 9 of Regulation (EU) 2016/679 and Article 10 of Directive (EU) 2016/680  for the processing of biometric data. Regardless of the purpose or deployer, each use of such high-risk AI systems shall be documented in the relevant police file  and shall be made available to the relevant market surveillance authority and the national data protection authority upon  request, excluding the disclosure of sensitive operational data related to law enforcement. This subparagraph shall be  without prejudice to the powers conferred by Directive (EU) 2016/680 on supervisory authorities. Deployers shall submit annual reports to the relevant market surveillance and national data protection authorities on their  use of post-remote biometric identification systems, excluding the disclosure of sensitive operational data related to law  enforcement. The reports may be aggregated to cover more than one deployment. Member States may introduce, in accordance with Union law, more restrictive laws on the use of post-remote biometric  identification systems. 11. Without prejudice to Article 50 of this Regulation, deployers of high-risk AI systems referred to in Annex III that  make decisions or assist in making decisions related to natural persons shall inform the natural persons that they are subject  to the use of the high-risk AI system. For high-risk AI systems used for law enforcement purposes Article 13 of Directive (EU) 2016/680 shall apply. 12. Deployers shall cooperate with the relevant competent authorities in any action those authorities take in relation to  the high-risk AI system in order to implement this Regulation.