At a glance
- Ref
- OH-40
- Theme
- Accountability
- Held source
- EU AI Act
- Citation
- EU AI Act, Article 26
- Evidence
- 4 items
- Gaps
- 3 common
Evidence to keep
- Deployer obligationsDeployer monitoring records
- Deployer obligationsLogs retained for at least six months
- Deployer obligationsThe oversight assignment and competence record
- Deployer obligationsThe DPIA where applicable
Questions before you sign
- Who is the assigned overseer?
- Are the logs kept long enough?
- Has the workforce been informed?
The requirement, in our words
Deployers of high-risk systems must use them in line with the instructions, assign oversight to competent people, ensure input data is relevant and representative, monitor operation, inform the provider of risks and incidents, keep logs for at least six months, inform workers and complete a data protection impact assessment where required.
What it means for human oversight
Article 26 is the deployer's side of Article 14. It makes oversight an assigned duty with a competent person, not a general expectation that someone will watch the system.
How to evidence it
Attach the artefacts above to the Deployer obligations row with the system name, the owner and the date. The first one is the anchor: Deployer monitoring records. The OH-40 file is complete when the named person can produce that artefact and explain the decision it records, without asking someone else where it is.
The reviewer will sample one live decision and ask for Logs retained for at least six months. If that artefact for OH-40 cannot be produced, the row is a gap, whatever the policy says.
OH-40 carries 4 evidence items and 3 common gaps. For deployer obligations, the auditor looks for a named person with an authority, not a committee title, so the row needs both the name and the sentence that grants the power. The OH-40 statement above is ours, written from EU AI Act, Article 26, not a reproduction of the licensed text.
Common gaps
- Deployer not following the instructions
- No oversight assignment
- Logs deleted before six months
Related units
Source for this page: EU AI Act, Article 26. Open EU AI Act, Article 26 and compare it with the OH-40 statement above. Retrieved 2026-10-21.