Article 33: Subsidiaries of Notified Bodies and Subcontracting | EU AI Act

In cases where the notified body subcontracts for certain tasks related to the conformity assessment or uses a subsidiary, it must ensure that the subcontractor or subsidiary handling such tasks meets the relevant requirements established under Article 31 and inform the notifying authority accordingly.

The notified bodies must take full responsibility for tasks performed by subcontractors or subsidiaries. The activities can only be subcontracted or carried out by a subsidiary with the provider’s agreement. The notified body must make a list of subsidiaries public.

Additionally, any documentation assessing the qualifications of the subcontractor or subsidiaries along with their tasks must be kept at the disposal of the notifying authority for a period of five years from the termination date of the subcontracting.