EU Authorized Representative — Article 22

Why US Companies Need an EU Representative

The EU AI Act follows the same extraterritorial model as the GDPR. If you are a US-based provider of a high-risk AI system that is placed on the EU market or whose output is used in the EU, you need an authorised representative established in an EU Member State. Without one, you cannot complete Article 71 database registration.

What the Representative Must Do

Under Article 22(3), the authorized representative must perform the tasks specified in the mandate, which include:

• Verify documentation: Confirm that the EU Declaration of Conformity (Article 47) and technical documentation (Annex IV) have been properly drawn up.
• Keep records for 10 years: Maintain the provider's contact details, the EU Declaration of Conformity, the technical documentation, and any Notified Body certificate.
• Cooperate with authorities: Provide competent authorities with all information necessary to demonstrate conformity, including access to automatically generated logs.
• Act on corrective measures: Cooperate with authorities on any corrective or risk-mitigation action.
• Ensure registration: Verify that Article 49 registration obligations have been met.

What the Representative Cannot Do

The mandate cannot delegate the provider's core obligations under Articles 9 through 17 — risk management, data governance, technical documentation, record-keeping, transparency, human oversight, accuracy, robustness, and cybersecurity remain the provider's responsibility.

Termination

Under Article 22(4), the authorized representative can terminate the mandate if it considers the provider to be acting contrary to its AI Act obligations. In such a case, it must immediately inform the relevant market surveillance authority.

How Lexara Facilitates This

Through our European legal network — rooted in over 10 years of EU legal practice — Lexara Advisory facilitates the appointment of EU Authorized Representatives for US companies. We handle the mandate documentation, coordinate with the representative, and ensure alignment between the representative's obligations and your conformity assessment documentation.

Lexara Advisory LLC is an AI governance consulting firm, not a law firm. This content is for informational purposes only and does not constitute legal advice.