Market Surveillance Authorities (MSAs) are specialized enforcement bodies designated by EU Member States to verify that artificial intelligence systems placed on or entering the EU market comply with the requirements of the EU AI Act. These authorities are empowered to inspect, test, recall, or remove AI systems that present risks or violate regulatory obligations.
MSAs often collaborate with customs authorities, border control agencies, and other regulatory bodies to prevent non-compliant, unsafe, or deceptive AI systems from reaching end users across the European Union.
1. Background and Establishment
Market surveillance is a well-established regulatory function in the EU, traditionally used to ensure compliance in sectors such as medical devices, machinery, and consumer products. Under the EU AI Act, MSAs are specifically mandated to extend this oversight to AI systems, particularly those classified as high-risk.
Each Member State must appoint one or more MSAs with:
- Investigative and enforcement powers
- Access to technical resources for system testing
- Authority to collaborate across borders and with the AI Office
- The ability to seize, withdraw, or prohibit unsafe or unlawful AI systems
Their mission is clear: protect the EU’s internal market from unsafe, unlawful, or deceptive uses of AI, while supporting trustworthy innovation.
2. Purpose and Role in the EU AI Ecosystem
Market Surveillance Authorities are essential for translating the EU AI Act’s legal text into practical enforcement. Their key responsibilities include:
- Conducting inspections and audits of AI systems already placed on the market
- Sampling and testing AI products to verify conformity
- Monitoring post-market performance and responding to serious incidents
- Suspending or banning AI systems that breach safety, transparency, or risk management rules
- Cooperating with customs to intercept non-compliant imports
- Coordinating with the AI Office and National Supervisory Authorities for systemic issues
They play a vital role in upholding the safety, integrity, and legality of the AI systems accessible to EU citizens and businesses.
3. Key Contributions and Impact
With the progressive enforcement of the EU AI Act, MSAs are expected to make significant regulatory contributions, including:
- Inspecting providers and deployers for accurate documentation, CE marking, and transparency compliance
- Conducting targeted market sweeps of sectors such as biometrics, predictive policing, or automated hiring
- Initiating recalls or withdrawals for AI systems that misclassify risks or mislead users
- Engaging customs authorities to block entry of black-box AI systems with no technical documentation
- Publishing compliance alerts, safety notifications, and enforcement actions on public registers
Their work ensures that only AI systems that meet European legal and ethical standards remain in circulation.
4. Connection to the EU AI Act and the EU AI Safety Alliance
Market Surveillance Authorities are formally defined under Chapter VII of the EU AI Act as the primary enforcers of in-market compliance. They operate in conjunction with:
- National Supervisory Authorities, which handle overall AI oversight
- The AI Office, which coordinates centralized reporting, systemic risk analysis, and cross-border enforcement
- The EU AI Safety Alliance, which offers technical assessments, compliance support, and certification
While the EU AI Safety Alliance helps providers prepare for market entry, MSAs verify ongoing compliance and act when standards are breached—creating a balanced framework of pre- and post-market regulation.
5. Stakeholder Engagement and Community Participation
Though enforcement-focused, MSAs engage with a broad range of stakeholders to ensure proactive compliance:
- Providing guidance materials for AI importers, developers, and distributors
- Holding compliance briefings for customs officers and market operators
- Collaborating with industry associations to raise awareness of surveillance procedures
- Working with technical labs and research institutions for forensic testing and audits
- Responding to whistleblowers and complaints from consumers or civil society
MSAs aim to be both preventive and corrective, enabling economic actors to avoid costly enforcement through early alignment with the EU AI Act.
6. Key Themes Addressed by Market Surveillance Authorities
In line with the EU AI Act, MSAs focus on several high-priority themes:
- Conformity assessment verification (CE marking, technical documentation)
- Detection of high-risk AI systems lacking registration or oversight
- Transparency failures, such as undisclosed AI-generated content or missing instructions for use
- Post-market incident response, especially regarding safety or rights violations
- Border interception of systems entering from non-EU jurisdictions without compliant markings
- Suspicious or unverified general-purpose AI models deployed in sensitive sectors
Their mandate is to guard the EU market against deceptive, unsafe, or opaque AI systems.
7. How to Engage with Market Surveillance Authorities
Providers, importers, and deployers must prepare for engagement with MSAs by:
- Ensuring all technical documentation, risk assessments, and transparency measures are in place
- Registering high-risk systems and affixing appropriate CE markings
- Responding promptly to inspection requests and providing access to systems when required
- Cooperating in investigations and implementing corrective measures if flagged
- Consulting with authorities pre-launch via national compliance support services
To identify the relevant MSA in your jurisdiction, visit your national government’s digital regulation portal or consult the AI Office database of designated enforcement bodies.