# Recital (22)

In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are 
not placed on the market, put into service, or used in the Union. This is the case, for example, where an operator 
established in the Union contracts certain services to an operator established in a third country in relation to an 
activity to be performed by an AI system that would qualify as high-risk. In those circumstances, the AI system used 
in a third country by the operator could process data lawfully collected in and transferred from the Union, and 
provide to the contracting operator in the Union the output of that AI system resulting from that processing, 
without that AI system being placed on the market, put into service or used in the Union. To prevent the 
circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this 
Regulation should also apply to providers and deployers of AI systems that are established in a third country, to the 
extent the output produced by those systems is intended to be used in the Union. Nonetheless, to take into account 
existing arrangements and special needs for future cooperation with foreign partners with whom information and 
evidence is exchanged, this Regulation should not apply to public authorities of a third country and international 
organisations when acting in the framework of cooperation or international agreements concluded at Union or 
national level for law enforcement and judicial cooperation with the Union or the Member States, provided that the 
relevant third country or international organisation provides adequate safeguards with respect to the protection of 
fundamental rights and freedoms of individuals. Where relevant, this may cover activities of entities entrusted by the 
third countries to carry out specific tasks in support of such law enforcement and judicial cooperation. Such 
framework for cooperation or agreements have been established bilaterally between Member States and third 
countries or between the European Union, Europol and other Union agencies and third countries and international 
organisations. The authorities competent for supervision of the law enforcement and judicial authorities under this 
Regulation should assess whether those frameworks for cooperation or international agreements include adequate 
safeguards with respect to the protection of fundamental rights and freedoms of individuals. Recipient national 

authorities and Union institutions, bodies, offices and agencies making use of such outputs in the Union remain 
accountable to ensure their use complies with Union law. When those international agreements are revised or new 
ones are concluded in the future, the contracting parties should make utmost efforts to align those agreements with 
the requirements of this Regulation.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/22