The classic trap
Article 20 imposes an immediate duty to act as soon as a provider has reason to consider that a high-risk AI system is not in conformity. The trap: most organisations have no mechanism to detect this non-conformity continuously, so the trigger for the duty of information never formally materialises. The market surveillance authorities (at European level, the EU AI Office coordinates, and the CNPD remains competent for the personal data dimension) sanction less the technical defect than the silence: failing to warn distributors, deployers, the authorised representative and importers, failing to document the corrective action or inform the notified body within timeframes counted in days, not quarters.
The triggers and obligations you must track
- Identify the exact moment the provider becomes aware of the risk (opposable timestamp, start of the deadline).
- Choose the appropriate measure: bringing into conformity, withdrawal, disabling or recall, and justify it.
- Cascade information to distributors, deployers, authorised representative and importers, with proof of notification.
- Investigate the causes in collaboration with the reporting deployer.
- Notify the competent market surveillance authorities and the notified body that issued the Article 44 certificate.
- Specify the nature of the non-compliance and the corrective actions taken.
The real risk: a system deployed across twenty Luxembourg clients, a performance drift detected by a single deployer, and no formalised information chain to escalate, investigate and notify in time.
How Luxgap automates this risk
Our Luxgap Incident Cascade Engine turns the Article 20 duty of information into a chain of timestamped, opposable notifications, triggered automatically the moment a non-conformity signal appears. The tool plugs a monitoring agent into your observability pipelines (Azure ML, AWS SageMaker Model Monitor, MLflow, your drift dashboards) and correlates these signals with your register of deployers and distributors to instantly materialise who must be warned, in what order and within which deadline.
- Detects conformity drifts in real time (model drift, performance threshold breaches, deployer reports) through Azure ML, SageMaker and MLflow connectors.
- Cryptographically timestamps the moment of awareness of the risk, the opposable starting point of the notification deadline.
- Automatically generates the information cascade to distributors, deployers, authorised representative and importers from your stakeholder register, with tracked acknowledgements.
- Prepares the notification file for the market surveillance authorities and the Article 44 notified body, pre-filling the nature of the non-compliance and the corrective actions.
- Proposes the appropriate measure (bringing into conformity, withdrawal, disabling, recall) based on a decision grid aligned with Article 20 and Article 79.
- Produces a sealed, timestamped PDF report, opposable during an inspection, demonstrating that each information duty was executed within the deadlines.
Available as a complement to a Luxgap DPO or CISO mandate or as a dedicated SaaS module depending on your scope. Request a personalised quote and our teams will prepare a demonstration on your real pipelines, with a free blank audit within 48h to measure your exposure before any commitment.
