Article 77 AI Act

This includes the following areas, among others:

• Data protection
• Protection of consumers
• Equal treatment
• Child protection
• Protection of employees
• Media supervision
• Elections and democratic processes
• Ombudsman offices
• Human rights institutions

As part of their activities and scope of action, the national public authorities or bodies designated under Article 77 of the AI Act may review the documentation of high-risk AI systems. If the documentation is insufficient to determine a violation, the designated national public authorities or bodies responsible for fundamental rights may request the market surveillance authorities under the AI Act to conduct technical testing of the AI system.

Additionally, national public authorities or bodies with supervisory or enforcement powers in the area of fundamental rights will receive information from, or be consulted by, the market surveillance authorities in the following cases:
 

• Market surveillance authorities must inform the authorities or public bodies identified in Article 77 of the AI Act of serious incidents involving high-risk AI systems (Article 73(7) of the AI Act).
• If market surveillance authorities identify an AI system that poses a risk to fundamental rights, they must inform the national authorities or public bodies in the area of fundamental rights and cooperate with them (Article 79(2) AI Act).
• If, in the course of an examination, market surveillance authorities determine that high-risk AI systems pose a risk to the health or safety of persons, fundamental rights or other public interests despite their compliance with the AI Act, they must consult the relevant authorities in the area of fundamental rights (Article 82(1) AI Act).

National public authorities or bodies which supervise or enforce the respect of fundamental rights

National public authorities or bodies responsible for supervising or enforcing the protection of fundamental rights must be designated by November 2, 2024. They will be able to use Article 77 of the AI Act moving forward.
 

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General offices

• The Austrian Ombudsman Board (also for child protection)

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Data protection

• Data Protection Authority (DSB) for data protection in general
• Parliamentary Data Protection Committee in relation to the members of the Parliament (from January, 1st 2025)

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Equal treatment

• Equal Treatment Commission
• Equal Treatment Office Vienna, Lower Austria and Burgenland
• Equal Treatment Office Styria
• Equal Treatment Office Tyrol, Salzburg and Vorarlberg
• Equal Treatment Office Carinthia
• Equal Treatment Office Upper Austria
• Disability Advocacy

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Young people

• Children's and youth ombuds office

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Media supervision

• The Austrian Communications Authority (KommAustria) for the right to freedom of expression in media and on online platforms

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Election observation

• Electoral boards

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Labour law

• Chamber of Labour
• Chamber of Labor Burgenland
• Chamber of Labor Carinthia
• Chamber of Labor Lower Austria
• Chamber of Labor Upper Austria
• Chamber of Labor Salzburg
• Chamber of Labor Styria
• Chamber of Labor Tyrol
• Chamber of Labor Vorarlberg
• Chamber of Labor Vienna
   

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Ombudsman offices

• Vienna Nursing and Patient Advocacy Office
• Lower Austrian Patient and Nursing Advocacy Office
• Burgenland Patient and Disabled Advocacy Office
• Carinthia Patient Advocacy Office and Carinthia Nursing Advocacy Office
• Upper Austrian Patient and Nursing Representation
• Styrian Patient and Nursing Ombudsman
• Salzburg Patient Representation
• Tyrol Patient Representation
• Vorarlberg Patient Advocacy Office
   

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Consumer protection

• Federal Office of Metrology and Surveying
• The Federal Cartel Attorney
• Austrian Federal Office for Safety in Health Care
• Telecommunications Office
• Regulatory Authority and Arbitration Body for Rail Transport in Austria (Schienen Control GmbH), The Agency for Passenger Rights
• Financial Market Authority (FMA)
• Supervisory and Regulatory Authority for Energy
• Supervisory and Regulatory Authority for Telecommunications and Postal Services
• Chamber of Labor
• Chamber of Labor Burgenland
• Chamber of Labor Carinthia
• Chamber of Labor Lower Austria
• Chamber of Labor Upper Austria
• Chamber of Labor Salzburg
• Chamber of Labor Styria
• Chamber of Labor Tyrol
• Chamber of Labor Vorarlberg
• Chamber of Labor Vienna

If you believe your organization meets the requirements of Article 77 of the AI Act, we would be happy to add you to the list after a review. Please contact us with a brief explanation and legal basis at: ai-policy@bka.gv.at.

AI Act: a general overview

The Artificial Intelligence (AI) Act, which came into force on August 1, 2024, establishes product safety regulations for AI systems and AI models. Key provisions include:

• The requirement for AI competence for all providers and operators of AI systems (Article 4 AI Act)
• The prohibition of certain practices (Article 5 AI Act)
• The definition of high-risk application areas where safeguards must be in place for AI system usage (Article 6 AI Act)
• Transparency measures for specific AI systems (Article 50 AI Act)
• Provisions for general-purpose AI models (Article 53 AI Act) and AI models with systemic risk (Article 51 AI Act)

The AI Act is enforced by national market surveillance authorities (supervising providers and operators of AI systems), the AI Office of the European Commission (overseeing providers of general-purpose AI models), and the notifying authority (supervising conformity assessment bodies).

You can obtain further information on the AI Act from the AI Service Desk.

Frequently asked questions about Article 77 AI Act

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What is the basis for designation as a public national authority or body?

Article 77 of the AI Act is intended to designate public national authorities or bodies that have supervisory or enforcement powers in the area of fundamental rights. These powers must be derived from national legislation.

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Can Article 77 of the AI Act create new or additional bodies or authorities?

No, because Article 77 of the AI Act only grants existing authorities and public bodies an additional right to information.

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What changes apply to designated national public authorities or bodies?

Article 77 of the AI Act provides a right, not an obligation. Designated national public authorities or bodies may continue to organize their activities related to the supervision and enforcement of fundamental rights as they choose. The decision on whether and how to take action is determined by national legislation.

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In which areas can national public authorities or bodies designated under Article 77 of the AI Act take action?

The designation of organizations is based on national legislation, which also defines the scope of their actions. As a result, authorities and public bodies can only act in areas where they already had a legal basis before the AI Act came into force. For example, an authority with sector-specific powers to protect consumers cannot take action in the area of labour law.