Internal Deployment in the AI Act

This memorandum analyzes and stress-tests arguments in favor and against the inclusion of internal deployment within the scope of the European Union Artificial Intelligence Act (AI Act). In doing so, it aims to offer several possible interpretative pathways to the European Commission, AI providers and deployers, courts, and the legal and policy community at large based on Articles 2(1), 2(6), 2(8) of the AI Act. Specifically, this memorandum first analyzes interpretative pathways based on Article 2(1)(a)-(c) supporting the application of the AI Act to internally deployed AI models and systems. Then, it examines possible objections and exceptions based on Articles 2(6) and 2(8), with particular attention to the complexity of the scientific R&D exception under Article 2(6). Finally, it illustrates how Articles 2(1), 2(6), and 2(8) can be viewed as complementary to each other, once broken down to their most plausible meaning and interpreted in conjunction with Articles 3(1), 3(3), 3(4), 3(9), 3(10), 3(11), 3(12), 3(63), and Recitals 12, 13, 21, 25, 97, 109, and 110.

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References (10)

03Guidance on Scientific Research and Development (SR&D) and Product and Process Orientated Research and Development (2017 · PPORD
04The title of Article 2 of the AI Act is
05§3.1 below concentrates on the expression “placing on the market general-purpose AI modelsArticle
06how “on the Union market” will be interpreted. See Article 3(9)
07that this outcome might be consistent with the fact that obligations on providers of GPAI models “can be considered a ‘light’ version of the obligations for AI systems”Van
08See OpenAI, 2025; Anthropic, 2025Google DeepMind
09Section 22757.12.(a)(10)California Senate Bill
10See Recital 159, EU General Data Protection Regulation (GDPR; Regulation (EU) 2016/679 of April 27, 2016)See also footnote 153 above

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