Under Article 25, a deployer, importer, distributor or other third party becomes the provider of a high-risk AI system if it puts its own name or trademark on one, makes a substantial modification that keeps it high-risk, or changes the intended purpose of a system so that it becomes high-risk. Provider duties then apply to it.
The three triggers
Article 25(1) names three situations:
- You put your name or trademark on a high-risk system already on the market or in service. Contracts may allocate obligations differently.
- You make a substantial modification to a high-risk system already on the market, so that it remains high-risk.
- You change the intended purpose of a system, including a general-purpose AI system, that was not high-risk, so that it becomes high-risk under Article 6.
The third one is the trap for teams building on general-purpose models. A general chat assistant is not high-risk by itself. Point it at screening job applicants, which is an Annex III use, and you may have created a high-risk system and become its provider.
What substantial modification means
Article 3(23) defines it as a change after market placement that was not foreseen in the provider's initial conformity assessment and that affects compliance with the high-risk requirements or alters the assessed intended purpose. Fine tuning or re-architecting a system can cross that line, so keep the vendor's documented intended purpose to hand.
What happens to the original provider
Under Article 25(2), the original provider stops being treated as the provider for that system once a trigger occurs. It must still cooperate: supply information and reasonably expected technical access and assistance. That does not apply if the original provider clearly stated the system must not be turned into a high-risk system.
Supplier agreements
Article 25(4) requires providers of high-risk systems to agree in writing with third parties that supply tools, services, components or processes used in them. The agreement sets out the information, capabilities, technical access and assistance needed to comply. Free and open-source tools are excepted, other than general-purpose AI models.
If you integrate a third party model into something high-risk, ask what documentation they will provide before you sign.
Avoiding an accidental provider role
- Read the vendor's intended purpose and instructions for use before changing the use case.
- Keep a change log for any model, prompt or workflow change that alters the purpose.
- Route new use cases through a short review that checks Annex III.
- Keep vendor cooperation commitments in the contract.
- Do not rebrand a vendor tool without legal review.
The article applies from 2 December 2027 for Annex III systems and 2 August 2028 for Annex I systems, per the page we read.
Quick check
Does fine tuning a model make me a provider?
Not automatically. It depends on whether the change is a substantial modification of a high-risk system, or shifts the purpose into a high-risk use.
Does the original vendor lose all duties?
No. It must cooperate with the new provider, unless it clearly excluded high-risk use.
Sources
Last reviewed: 19 October 2026.
