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Article 78 — Confidentiality

IN FORCE AUG 2, 2025
Chapter IX · Governance
Source: EUR-Lex · CELEX 32024R1689
Verified 2026-07-16
PLAIN-LANGUAGE SUMMARY — ORIGINAL INTERPRETATION, NOT THE OFFICIAL TEXT

Everyone applying the AI Act, including the Commission, market surveillance authorities and notified bodies, must keep obtained information confidential, protecting trade secrets, source code, security interests and pending proceedings. They may collect only strictly necessary data, secure it, and delete it once no longer needed, with tighter limits on law-enforcement-sensitive material. These duties do not prevent the sharing of warnings, cross-border cooperation, or disclosures required under national criminal law.

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AT A GLANCE
Chapter: IX — Post-market monitoring, information sharing and market surveillance
Applies: In force Aug 2, 2025
Tier: Governance
RELATED
How this is enforced →Practical guidance →
PENALTY EXPOSURE
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of worldwide turnover — see Art. 99 penalties framework.
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ELSEWHERE IN CHAPTER IX — Post-market monitoring, information sharing and market surveillance
Art. 72 Post-market monitoring by providers and post-m Art. 73 Reporting of serious incidents Art. 74 Market surveillance and control of AI systems Art. 75 Mutual assistance, market surveillance and con Art. 76 Supervision of testing in real world condition Art. 77 Powers of authorities protecting fundamental r Art. 79 Procedure at national level for dealing with A Art. 80 Procedure for dealing with AI systems classifi