Article 37: Challenge to the Competence of the Notified Bodies | EU AI Act

Article 37 of the AI Act provides critical information related to possible challenges to the competency of the notified bodies.

The Commission is required to investigate any cases where it has reasons to doubt the competency of the notified body or its capability to continue performing its duties per the requirements established under Article 31.

To that end, the notified bodies must provide the Commission with any requested information related to the notification or maintenance of their competency. At the same time, the Commission is responsible for ensuring that any sensitive information obtained during such investigations is treated confidentially per the requirements established under Article 78.

In cases where the Commission has determined that the notified body no longer meets the requirements for its notification, it must inform the notifying Member State and request the initiation of corrective measures such as the suspension or withdrawal of the notification. If a Member State fails to take such corrective measures, the Commission may suspend, restrict, or withdraw the designation per the examination procedure established under Article 98(2).