Who is affected
Providers established in the United States, United Kingdom, Canada, Israel, Singapore, Japan, Australia, and any third country, when their AI systems or GPAI models are placed on the EU market or their output is used in the Union.
Regulation (EU) 2024/1689 · Articles 22 & 54
Non-EU providers of high-risk AI systems and general-purpose AI models must appoint a mandated representative established in the European Union before placing their system on the market. SecureFound assumes that mandate — with the legal formation, deontological standards, and professional judgement the role demands.
Digital Omnibus on AI — in force since 27 July 2026
Regulation (EU) 2026/1744 — the Digital Omnibus on AI — entered into force on 27 July 2026. It amended Article 113 so that Chapter III, Sections 1, 2 and 3 apply from 2 December 2027 for high-risk systems classified under Article 6(2) / Annex III and from 2 August 2028 for high-risk systems classified under Article 6(1) / Annex I.
Article 54 sits in Chapter V and has applied to new GPAI models since 2 August 2025; that application date was not shifted by Regulation (EU) 2026/1744. For GPAI models placed on the market before 2 August 2025, Article 111(3) provides a transition until 2 August 2027.
Operating AI in the European market from outside the Union without an Authorised Representative is a direct breach of Regulation (EU) 2024/1689. Enforcement is staged, real, and underway.
Who is affected
Providers established in the United States, United Kingdom, Canada, Israel, Singapore, Japan, Australia, and any third country, when their AI systems or GPAI models are placed on the EU market or their output is used in the Union.
What is at stake
Administrative fines up to €35M or 7% of total worldwide annual turnover for prohibited practices; up to €15M or 3% for breaches of Articles 22 and 54 obligations. Plus market access restrictions and reputational exposure.
When it applies
Article 54 GPAI obligations: applicable since 2 August 2025. Article 22, as part of Chapter III Section 3, applies from 2 December 2027 for Article 6(2) / Annex III systems and 2 August 2028 for Article 6(1) / Annex I systems under Article 113 as amended by Regulation (EU) 2026/1744.
Our mandate
When you appoint SecureFound, we assume — by written mandate — the operational and statutory obligations established by Articles 22 and 54. This is not a forwarding service. It is the regulatory role itself.
Formal acceptance of the written mandate as your sole Authorised Representative within the European Union, registered correctly across instructions for use, the EU Declaration of Conformity, and your registration in the EU database under Article 49.
Secure custody of your technical documentation, EU Declaration of Conformity, conformity certificates, and post-market monitoring records for the full statutory period of 10 years. EU data residency. GDPR-compliant infrastructure.
Single point of contact for AESIA, the EU AI Office, and any national market surveillance authority. Inbound communications received, triaged, contextualised, and answered with the standards of professional regulatory practice.
Active cooperation in any investigation, audit, or risk-mitigation procedure. Article 26 reporting and Article 61 cooperation duties handled with the procedural rigour the regulation requires.
Assistance in completing and maintaining the obligations under Article 49 of the AI Act, including the EU database submission and the verification of correctness of the information delivered to authorities.
The Act requires the Authorised Representative to terminate the mandate where the provider acts contrary to its obligations. We do not treat this as a contractual technicality. We treat it as the law. That independence is what makes our representation credible to authorities — and protective for you.
Eligibility
| Article 22 | Article 54 | |
|---|---|---|
| Scope | High-risk AI systems | General-purpose AI models |
| Examples | Biometrics · Credit scoring · HR & recruitment · Critical infrastructure · Migration · Justice | Large language models · Text-to-image · Foundation models |
| Reports to | National market surveillance authorities | EU AI Office |
| Open-source exception | No | Yes (unless systemic risk) |
| In force | 2 Aug 2026 (current law); proposed 2 Dec 2027 under the Omnibus, not yet adopted | Since 2 August 2025 |
If all four are true, you must appoint a representative:
Who we are
SecureFound is an AI governance consultancy established in Spain. It is led by a team of bar-admitted attorneys with decades of professional formation in European law, data protection, administrative procedure, and fundamental rights.
We are not engineers who learned regulation when the Act was published. We are legal professionals who built a consultancy practice around AI governance because the EU AI Act is, before anything else, a legal instrument — with recitals, cross-references to sector law, and an enforcement culture that requires fluency in how European authorities reason and act.
To be clear: SecureFound is not a law firm. We do not provide legal advice and we do not create attorney–client relationships. We provide the Authorised Representative mandate, and we do so under the standards that decades of legal practice make non-negotiable: maximum confidentiality, GDPR compliance with EU data residency, independent professional judgement, and the duty to terminate the mandate when the law requires it.
The team's professional formation is in law. Decades of practice in the regulatory environment SecureFound now operates within.
Established in Spain — the jurisdiction of AESIA, one of the EU's most active national AI supervisory authorities.
Confidentiality, independence, and deontological discipline carried over from legal practice into consultancy execution.
Strategic partnership with Lexara Advisory LLC (New York) for clients requiring coverage on both sides of the Atlantic.
Why SecureFound
| SecureFound | Compliance platforms | Tech consultancies | |
|---|---|---|---|
| Bar-admitted leadership | ● | ○ | ○ |
| Decades of EU legal formation | ● | ○ | ◐ |
| Independent professional judgement | ● | ◐ | ◐ |
| AESIA jurisdiction | ● | ○ | ○ |
| Transatlantic coverage | ● | ○ | ○ |
| Operational mandate execution | ● | ● | ◐ |
| 10-year documentation custody | ● | ● | ○ |
● Yes ◐ Partial ○ No
EU coverage
Article 22 of Regulation (EU) 2024/1689 requires the appointment of “an authorised representative which is established in the Union” — not one per country. A single Authorised Representative covers the entire Union market.
SecureFound is established in Spain, placing AESIA as our coordinating “home” authority. From that single establishment, we represent your AI system or GPAI model before every market surveillance authority across the 27 Member States — and before the EU AI Office in Brussels.
If the German Bundesnetzagentur, the French CNIL, the Italian AgID, or any of the approximately 2,000 national market surveillance authorities operating under the AI Act addresses an enquiry to you, that enquiry is received and handled by SecureFound. You appoint one representative; you cover one Union.
This mirrors the long-established Article 27 GDPR regime, where a representative appointed in any single Member State has covered the entire EU since 2018.
Why Spain · Why AESIA
Engagement
We confirm whether your AI system or model falls within Articles 22 or 54, including the Article 6(1) / Annex I and Article 6(2) / Annex III high-risk routes, and map the applicable market-entry timeline. Free · 48 hours
Tailored written mandate covering scope, duration, transition provisions, and the statutory termination obligations under Articles 22(4) and 54(5). Reviewed by your counsel before execution.
Formal signature. Your representative details are immediately ready for inclusion in your instructions for use, EU Declaration of Conformity, and EU database registration.
Documentation custody, regulatory liaison, post-market monitoring cooperation, and authority interaction for the lifecycle of your mandate.
Strategic partner
SecureFound operates in strategic partnership with Lexara Advisory LLC, an AI governance consultancy based in New York, led by a Spanish-barred attorney with deep formation in EU AI Act, GDPR, and US AI regulatory frameworks.
SecureFound · Spain
Lexara Advisory · New York
Frequently asked
Article 22 covers non-EU providers of high-risk AI systems under either Article 6(1) / Annex I or Article 6(2) / Annex III, once the relevant Chapter III application date is reached. Article 54 covers non-EU providers of general-purpose AI models and has applied since 2 August 2025. The two regimes can apply concurrently in a broader product stack.
Legally yes, but only if the subsidiary's independence is credible, it has the operational capacity to fulfil regulatory obligations, and the mandate is formally documented. The Authorised Representative must terminate the mandate where the provider breaches its obligations under the Act — a duty that structurally dependent entities frequently cannot exercise. For most providers, an independent representative is the safer and more credible choice.
The Act requires the Authorised Representative to terminate where the provider acts contrary to its obligations and to inform the relevant authority. We address this in the mandate itself: clear escalation procedure, written notice, transition period, and assistance in identifying a successor representative. The duty exists by law; our role is to make the worst case orderly, not adversarial.
Regulation (EU) 2026/1744 entered into force on 27 July 2026 and amended Article 113. Chapter III, Sections 1, 2 and 3 apply from 2 December 2027 for Article 6(2) / Annex III high-risk systems and from 2 August 2028 for Article 6(1) / Annex I high-risk systems. Article 54 GPAI obligations have applied since 2 August 2025; GPAI models placed on the market before that date have the Article 111(3) transition until 2 August 2027.
Yes. Regulation (EU) 2026/1744 moved the application of Chapter III, Sections 1, 2 and 3, which includes Article 22. The Article 22 appointment obligation therefore applies from 2 December 2027 for Article 6(2) / Annex III systems and from 2 August 2028 for Article 6(1) / Annex I systems. Providers may appoint and prepare earlier, but SecureFound does not present the former 2 August 2026 date as the current Article 22 application deadline.
No. The Authorised Representative is the regulatory contact point under Articles 22 and 54. It is a critical statutory role — but it is not a substitute for your internal AI governance, your conformity assessment, your risk management system, or your post-market monitoring plan. SecureFound can map the full picture for you through our partnership with Lexara Advisory.
Across the entire European Union — all 27 Member States. Article 22 of Regulation (EU) 2024/1689 requires the appointment of "an authorised representative which is established in the Union", not one per Member State. A single Authorised Representative, established in any EU Member State, covers the whole Union market. This mirrors the long-established Article 27 GDPR regime in force since 2018. SecureFound is established in Spain — placing AESIA (the Spanish Agency for the Supervision of Artificial Intelligence) as our coordinating "home" authority — but we represent providers before any national market surveillance authority across the Union, and before the EU AI Office in Brussels.
They contact SecureFound. As your sole Authorised Representative in the Union, we are the addressable contact point for every national market surveillance authority across the 27 Member States — and there are approximately 2,000 of them under the AI Act. We receive their communications, coordinate the response with you, produce the required documentation, and engage with the authority directly or through AESIA depending on the procedure involved. You appoint one representative; you cover one Union.
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EU Authorised Representative · Art. 22 & 54 · not legal advice