Distributor duties under the AI Act (Article 24)

Short answer: A distributor is anyone in the supply chain — other than the provider or the importer — who makes a high-risk AI system available on the Union market. Article 24 imposes a lighter verification duty than the importer's: confirm the visible formal requirements are in order and do not pass the system on where there is doubt about its conformity.

Distributor, importer or provider?

The roles in the value chain overlap, but differ sharply in law. The importer brings the system into the EU; the distributor sits further down the chain, inside the market. If, however, you supply under your own name or trademark, or substantially modify a high-risk system, you become a provider and the full high-risk obligations apply.

The verification duty before making available

Before making a high-risk system available, the distributor checks that:

• the system bears the required CE marking;
• the EU declaration of conformity and the instructions for use are supplied;
• the provider and, where applicable, the importer have met their labelling and contact-details obligations.

This is a check "by sight and on paper": the distributor need not redo the conformity assessment, but must establish that the formal evidence is present.

Do not pass it on where there is doubt

If the distributor considers, or has reason to believe, that the system is not in conformity, it may only make it available once it has been brought into conformity. Where there is a risk to health, safety or fundamental rights, it informs the provider or the importer.

While a system is under its responsibility, the distributor ensures that storage and transport conditions do not jeopardise conformity.

Stop duty and collaboration

If the distributor finds that a system already supplied is not in conformity, it takes corrective action, or ensures the provider or importer does, and informs the authorities. On a reasoned request it supplies all available information and documentation and cooperates with measures to remove risks.

What to do

• Establish your role: distributor or in fact provider? That sets the weight of your duties.
• Create an intake check: CE marking, declaration of conformity, instructions, contact details.
• Log borderline cases and track who was supplied and when, with recall in mind.
• Contract for supply and cooperation with your supplier — see AI in contracts.
• Anchor it in governance: make the intake check part of your AI governance framework.

The distributor is not an inspector, but neither is it a mere conduit: it may not let a system without visible conformity evidence reach the market.