We are buying an AI tool for HR. Are we then the provider or the deployer?

What Trusq bases this on

These released rules are in Trusq and are read again with every publication; if a rule changes, this page changes with it.

• Risk of becoming a provider AI Act 3, AI Act 25
• Who carries Art. 50(1) and (2) for this system AI Act 3, AI Act 50

Sources

1. [1] AI Act Art. 3(4) (AI Act, Regulation (EU) 2024/1689). A deployer is anyone who uses an AI system under their own authority, except in the course of a personal non-professional activity.

   ‘deployer’ means a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity;

   Source, retrieved on 2 October 2026.
2. [2] AI Act Art. 3(3) (AI Act, Regulation (EU) 2024/1689). A provider is anyone who develops an AI system, or has one developed, and places it on the market or puts it into service under their own name or trademark.

   ‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge;

   Source, retrieved on 2 October 2026.
3. [3] AI Act Art. 3(11) (AI Act, Regulation (EU) 2024/1689). Putting into service also covers supply for own use in the Union.

   ‘putting into service’ means the supply of an AI system for first use directly to the deployer or for own use in the Union for its intended purpose;

   Source, retrieved on 2 October 2026.
4. [4] AI Act Art. 25(1) (AI Act, Regulation (EU) 2024/1689). A deployer becomes the provider of a high-risk system if they put their name or trademark on it, substantially modify it so that it remains high-risk, or change the intended purpose of a system (including a general-purpose AI system) so that it becomes high-risk.

   Any distributor, importer, deployer or other third-party shall be considered to be a provider of a high-risk AI system for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances: (a) they put their name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligations are otherwise allocated; (b) they make a substantial modification to a high-risk AI system that has already been placed on the market or has already been put into service in such a way that it remains a high-risk AI system pursuant to Article 6; (c) they modify the intended purpose of an AI system, including a general-purpose AI system, which has not been classified as high-risk and has already been placed on the market or put into service in such a way that the AI system concerned becomes a high-risk AI system in accordance with Article 6.

   Source, retrieved on 2 October 2026.
5. [5] AI Act, Annex III, point 4(a) (AI Act, Regulation (EU) 2024/1689). AI for recruitment or selection, such as placing targeted job advertisements, analysing and filtering applications and evaluating candidates, is listed in Annex III.

   AI systems intended to be used for the recruitment or selection of natural persons, in particular to place targeted job advertisements, to analyse and filter job applications, and to evaluate candidates;

   Source, retrieved on 2 October 2026.
6. [6] Regulation (EU) 2026/1744 Art. 1(40)(b) (replaces AI Act Art. 113, third paragraph, point (c)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). The high-risk rules (Chapter III, Sections 1 to 3, including Article 25) apply to Annex III systems from 2 December 2027.

   Chapter III, Sections 1, 2, and 3, with the exception of Article 6(5), shall apply from: (i) 2 December 2027 as regards AI systems classified as high-risk pursuant to Article 6(2) and Annex III; and

   Source, retrieved on 2 October 2026.