Under the EU AI Act, a Distributor is defined as any natural or legal person in the supply chain, other than the provider or the importer, that makes an AI system available on the Union market.

Distributors typically include retailers, resellers, and online marketplaces that sell AI software or hardware containing AI systems. While they do not develop the technology (like the Provider) or bring it into the EU for the first time (like the Importer), they play a crucial role in ensuring that non-compliant systems do not reach the end-user. Their obligations are lighter than those of Providers or Importers, but are essential for market surveillance.

For High-Risk AI Systems, Distributors have specific verification obligations under Article 24 before making a system available on the market. They must verify that:

• CE Marking & Documentation: The system bears the required CE conformity marking and is accompanied by a copy of the EU declaration of conformity and instructions for use.
• Provider/Importer Identification: The provider and (if applicable) the importer are correctly identified on the system or its packaging.
• Corrective Action: If a distributor considers that a system is not compliant, they must not make it available on the market until it has been brought into conformity. They must also report serious non-compliance risks to the provider, importer, and market surveillance authorities.

Strategic Distinction: The Distributor is the final link in the chain before the Deployer (user). Unlike an Importer, who is responsible for foreign products entering the EU, a Distributor may be selling products that are already within the EU market. However, if a Distributor modifies the AI system substantially or markets it under their own brand, they lose their status as a Distributor and assume the full, heavy responsibilities of a Provider.

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