Conformity Assessments and Post-market Monitoring: A Guide to the Role of Auditing in the Proposed European AI Regulation
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Abstract (arXiv)
The proposed European Artificial Intelligence Act (AIA) is the first attempt to elaborate a general legal framework for AI carried out by any major global economy. As such, the AIA is likely to become a point of reference in the larger discourse on how AI systems can (and should) be regulated. In this article, we describe and discuss the two primary enforcement mechanisms proposed in the AIA: the conformity assessments that providers of high-risk AI systems are expected to conduct, and the post-market monitoring plans that providers must establish to document the performance of high-risk AI systems throughout their lifetimes. We argue that AIA can be interpreted as a proposal to establish a Europe-wide ecosystem for conducting AI auditing, albeit in other words. Our analysis offers two main contributions. First, by describing the enforcement mechanisms included in the AIA in terminology borrowed from existing literature on AI auditing, we help providers of AI systems understand how they can prove adherence to the requirements set out in the AIA in practice. Second, by examining the AIA from an auditing perspective, we seek to provide transferable lessons from previous research about how to refine further the regulatory approach outlined in the AIA. We conclude by highlighting seven aspects of the AIA where amendments (or simply clarifications) would be helpful. These include, above all, the need to translate vague concepts into verifiable criteria and to strengthen the institutional safeguards concerning conformity assessments based on internal checks.
Key facts. Cited by 19 papers in the map (data through 7 Oct 2026). Builds on 15 of its 83 references that are in the map. First posted on arXiv 9 Nov 2021.
Builds on
15 of 83 references.
References · 15
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- 2020Closing the AI Accountability Gap: Defining an End-to-End Framework for Internal Algorithmic Auditingcited by 380
- 2020Toward Trustworthy AI Development: Mechanisms for Supporting Verifiable Claimscited by 163
- 2018Aequitas: A Bias and Fairness Audit Toolkitcited by 145
- 2019The Ethics of AI Ethics -- An Evaluation of Guidelinescited by 129
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- 2017Thinking Fast and Slow: Optimization Decomposition Across Timescalescited by 60
- 2021Ethics-Based Auditing to Develop Trustworthy AIcited by 23
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Citing papers per year: 2023: 3; 2024: 7; 2025: 2; 2026: 7.
19 papers.
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- 2023Auditing large language models: a three-layered approachcited by 135
- 2023Connecting the Dots in Trustworthy Artificial Intelligence: From AI Principles, Ethics, and Key Requirements to Responsible AI Systems and Regulationcited by 60
- 2024Mapping the Ethics of Generative AI: A Comprehensive Scoping Reviewcited by 19
- 2024Auditing of AI: Legal, Ethical and Technical Approachescited by 9
- 2024Addressing the regulatory gap: moving towards an EU AI audit ecosystem beyond the AI Act by including civil societycited by 7
- 2025AIReg-Bench: Benchmarking Language Models That Assess AI Regulation Compliancecited by 5
- 2026High-Risk AI Systems and the Problem of Identity in the European AI Actcited by 4
- 2024Assessing the Auditability of AI-integrating Systems: A Framework and Learning Analytics Case Studycited by 3
- 2025Building Symbiotic AI: Reviewing the AI Act for a Human-Centred, Principle-Based Frameworkcited by 2
- 2026Engaged AI Governance: Addressing the Last Mile Challenge Through Internal Expert Collaborationcited by 2
- 2023Datasheets for Machine Learning Sensorscited by 1
- 2024The US Algorithmic Accountability Act of 2022 vs. The EU Artificial Intelligence Act: What can they learn from each other?cited by 1
7 more
- 2026The Stability Trap: Evaluating the Reliability of LLM-Based Instruction Adherence Auditingcited by 1
- 2026A Methodology for Auditable Trustworthiness Levels in AI Lifecycle Governancecited by 1
- 2024The Switch, the Ladder, and the Matrix: Models for Classifying AI Systemscited by 0
- 2024ARTAI: An Evaluation Platform to Assess Societal Risk of Recommender Algorithmscited by 0
- 2026The EU AI Act and the Rights-based Approach to Technological Governancecited by 0
- 2026Scaling, Lock-In, and Proxy Compliance: A Political Economy of Responsible AIcited by 0
- 2026An Empirical Study and Assessment of EU AI Act Compliance Checkerscited by 0
- 2026An Empirical Study and Assessment of EU AI Act Compliance Checkers28 Sep 2026
- 2026Scaling, Lock-In, and Proxy Compliance: A Political Economy of Responsible AI30 Jul 2026
- 2026A Methodology for Auditable Trustworthiness Levels in AI Lifecycle Governance17 Jul 2026
- 2026Engaged AI Governance: Addressing the Last Mile Challenge Through Internal Expert Collaboration23 Apr 2026
- 2026High-Risk AI Systems and the Problem of Identity in the European AI Act17 Apr 2026
- 2026The EU AI Act and the Rights-based Approach to Technological Governance24 Mar 2026
- 2026The Stability Trap: Evaluating the Reliability of LLM-Based Instruction Adherence Auditing16 Jan 2026
- 2025AIReg-Bench: Benchmarking Language Models That Assess AI Regulation Compliance1 Oct 2025
- 2025Building Symbiotic AI: Reviewing the AI Act for a Human-Centred, Principle-Based Framework14 Jan 2025
- 2024Assessing the Auditability of AI-integrating Systems: A Framework and Learning Analytics Case Study29 Oct 2024
- 2024ARTAI: An Evaluation Platform to Assess Societal Risk of Recommender Algorithms19 Sep 2024
- 2024Auditing of AI: Legal, Ethical and Technical Approaches7 Jul 2024
7 more
- 2024The US Algorithmic Accountability Act of 2022 vs. The EU Artificial Intelligence Act: What can they learn from each other?7 Jul 2024
- 2024The Switch, the Ladder, and the Matrix: Models for Classifying AI Systems7 Jul 2024
- 2024Addressing the regulatory gap: moving towards an EU AI audit ecosystem beyond the AI Act by including civil society26 Feb 2024
- 2024Mapping the Ethics of Generative AI: A Comprehensive Scoping Review13 Feb 2024
- 2023Datasheets for Machine Learning Sensors15 Jun 2023
- 2023Connecting the Dots in Trustworthy Artificial Intelligence: From AI Principles, Ethics, and Key Requirements to Responsible AI Systems and Regulation2 May 2023
- 2023Auditing large language models: a three-layered approach16 Feb 2023
- 2023Auditing large language models: a three-layered approachcited by 135
- 2023Connecting the Dots in Trustworthy Artificial Intelligence: From AI Principles, Ethics, and Key Requirements to Responsible AI Systems and Regulationcited by 60
- 2024Mapping the Ethics of Generative AI: A Comprehensive Scoping Reviewcited by 19
- 2024Auditing of AI: Legal, Ethical and Technical Approachescited by 9
- 2024Addressing the regulatory gap: moving towards an EU AI audit ecosystem beyond the AI Act by including civil societycited by 7
- 2025AIReg-Bench: Benchmarking Language Models That Assess AI Regulation Compliancecited by 5
- 2026High-Risk AI Systems and the Problem of Identity in the European AI Actcited by 4
- 2024Assessing the Auditability of AI-integrating Systems: A Framework and Learning Analytics Case Studycited by 3
- 2025Building Symbiotic AI: Reviewing the AI Act for a Human-Centred, Principle-Based Frameworkcited by 2
- 2026Engaged AI Governance: Addressing the Last Mile Challenge Through Internal Expert Collaborationcited by 2
- 2023Datasheets for Machine Learning Sensorscited by 1
- 2024The US Algorithmic Accountability Act of 2022 vs. The EU Artificial Intelligence Act: What can they learn from each other?cited by 1
12 most cited of 19 All 19 (JSON)
- 2026An Empirical Study and Assessment of EU AI Act Compliance Checkers28 Sep 2026
- 2026Scaling, Lock-In, and Proxy Compliance: A Political Economy of Responsible AI30 Jul 2026
- 2026A Methodology for Auditable Trustworthiness Levels in AI Lifecycle Governance17 Jul 2026
- 2026Engaged AI Governance: Addressing the Last Mile Challenge Through Internal Expert Collaboration23 Apr 2026
- 2026High-Risk AI Systems and the Problem of Identity in the European AI Act17 Apr 2026
- 2026The EU AI Act and the Rights-based Approach to Technological Governance24 Mar 2026
- 2026The Stability Trap: Evaluating the Reliability of LLM-Based Instruction Adherence Auditing16 Jan 2026
- 2025AIReg-Bench: Benchmarking Language Models That Assess AI Regulation Compliance1 Oct 2025
- 2025Building Symbiotic AI: Reviewing the AI Act for a Human-Centred, Principle-Based Framework14 Jan 2025
- 2024Assessing the Auditability of AI-integrating Systems: A Framework and Learning Analytics Case Study29 Oct 2024
- 2024ARTAI: An Evaluation Platform to Assess Societal Risk of Recommender Algorithms19 Sep 2024
- 2024Auditing of AI: Legal, Ethical and Technical Approaches7 Jul 2024
12 newest of 19 All 19 (JSON)