Article 2 — Scope

Article 2

Scope

1. This Regulation applies to:

(a) providers placing on the market or putting into service AI systems or placing on the market general-purpose AI models
in the Union, irrespective of whether those providers are established or located within the Union or in a third country;

(b) deployers of AI systems that have their place of establishment or are located within the Union;

(c) providers and deployers of AI systems that have their place of establishment or are located in a third country, where the
output produced by the AI system is used in the Union;

(d) importers and distributors of AI systems;

(e) product manufacturers placing on the market or putting into service an AI system together with their product and
under their own name or trademark;

(f) authorised representatives of providers, which are not established in the Union;

(g) affected persons that are located in the Union.

2. For AI systems classified as high-risk AI systems in accordance with Article 6(1) related to products covered by the
Union harmonisation legislation listed in Section B of Annex I, only Article 6(1), Articles 102 to 109 and Article 112 apply.
Article 57 applies only in so far as the requirements for high-risk AI systems under this Regulation have been integrated in
that Union harmonisation legislation.

3. This Regulation does not apply to areas outside the scope of Union law, and shall not, in any event, affect the
competences of the Member States concerning national security, regardless of the type of entity entrusted by the Member
States with carrying out tasks in relation to those competences.

This Regulation does not apply to AI systems where and in so far they are placed on the market, put into service, or used
with or without modification exclusively for military, defence or national security purposes, regardless of the type of entity
carrying out those activities.

This Regulation does not apply to AI systems which are not placed on the market or put into service in the Union, where
the output is used in the Union exclusively for military, defence or national security purposes, regardless of the type of
entity carrying out those activities.

4. This Regulation applies neither to public authorities in a third country nor to international organisations falling

within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the
framework of international cooperation or agreements for law enforcement and judicial cooperation with the Union or
with one or more Member States, provided that such a third country or international organisation provides adequate
safeguards with respect to the protection of fundamental rights and freedoms of individuals.

5. This Regulation shall not affect the application of the provisions on the liability of providers of intermediary services
as set out in Chapter II of Regulation (EU) 2022/2065.

ELI: http://data.europa.eu/eli/reg/2024/1689/oj 45/144
EN OJ L, 12.7.2024

6. This Regulation does not apply to AI systems or AI models, including their output, specifically developed and put into
service for the sole purpose of scientific research and development.

7. Union law on the protection of personal data, privacy and the confidentiality of communications applies to personal
data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect
Regulation (EU) 2016/679 or (EU) 2018/1725, or Directive 2002/58/EC or (EU) 2016/680, without prejudice to Article
10(5) and Article 59 of this Regulation.

8. This Regulation does not apply to any research, testing or development activity regarding AI systems or AI models
prior to their being placed on the market or put into service. Such activities shall be conducted in accordance with
applicable Union law. Testing in real world conditions shall not be covered by that exclusion.

9. This Regulation is without prejudice to the rules laid down by other Union legal acts related to consumer protection
and product safety.

10. This Regulation does not apply to obligations of deployers who are natural persons using AI systems in the course of
a purely personal non-professional activity.

11. This Regulation does not preclude the Union or Member States from maintaining or introducing laws, regulations or

administrative provisions which are more favourable to workers in terms of protecting their rights in respect of the use of
AI systems by employers, or from encouraging or allowing the application of collective agreements which are more
favourable to workers.

12. This Regulation does not apply to AI systems released under free and open-source licences, unless they are placed on
the market or put into service as high-risk AI systems or as an AI system that falls under Article 5 or 50.