Am I a provider if I fine-tune a model?

Potentially. If fine-tuning substantially changes the model's behaviour or intended purpose, you could be classified as a provider of the resulting system. Light customisation (prompt engineering, configuration) typically does not trigger provider status.

Do deployer obligations apply to personal AI use?

No. The EU AI Act applies to professional and commercial AI use. Personal, non-professional use of AI tools is exempt.

Quick answer

If you use AI tools built by others (ChatGPT, Copilot, etc.), you are a deployer. Your obligations are significantly lighter than those of AI providers who build the technology.

Updated June 2026 · MmowW AI Compliance

EU AI Act: Provider vs Deployer — Which Obligations Apply to You?

The Critical Distinction

The EU AI Act creates two primary categories of obligation: providers (those who develop or place AI systems on the market) and deployers (those who use AI systems in their professional capacity). This distinction determines 90% of your compliance requirements.

OpenAI, Google, Microsoft, and Anthropic are providers. Your business, which uses their tools, is a deployer. Providers bear the heavy obligations: conformity assessments, technical documentation, post-market monitoring, incident reporting. Deployers have lighter requirements focused on proper use and monitoring.

Deployer Obligations (What You Must Do)

As a deployer of AI systems, your obligations under the EU AI Act are: (1) Use AI systems in accordance with instructions of use (Article 26.1), (2) Ensure human oversight by competent persons (Article 26.2), (3) Monitor AI systems for risks and report serious incidents (Article 26.5), (4) Conduct fundamental rights impact assessments for high-risk AI in certain contexts (Article 27), (5) Inform individuals that they are subject to AI decision-making (Article 26.11).

For most businesses using general-purpose AI tools, obligations (1) and (5) are the most relevant. Obligations (2)-(4) primarily apply when deploying high-risk AI systems.

When a Deployer Becomes a Provider

Be careful: you can become a provider if you substantially modify an AI system, put your name or trademark on it, or change its intended purpose. Using an AI API to build a customer-facing application could make you a provider of that application.

If you use AI APIs to build products, consult the EU AI Act definition carefully. The line between deployer and provider depends on the degree of modification and the intended purpose.

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This article is for informational purposes only and does not constitute legal advice. Regulatory requirements change frequently — verify current rules with official sources. Built by Sawai Gyoseishoshi Office, Hiroshima, Japan.