The Gap AI Automation Who we work with Approach Fintech Garden Blog Start a conversation

AI Act Article 26: Deployer Obligations for Banks, PSPs and EMIs (with Checklist)

2026-10-12 AI Governance

If you deploy a high-risk AI system rather than build one, Article 26 of Regulation (EU) 2024/1689 (the EU AI Act) makes you responsible for how it is used, not how it was made. In practice that means assigning competent human oversight, using the system strictly within the provider's instructions, checking the input data you control, monitoring for malfunctions, keeping logs for at least six months, and telling workers and affected customers when a high-risk system is in play, while the heavier provider-side duties (technical documentation, conformity assessment, CE marking) stay with whoever built the system.

Deployer vs provider: why this distinction matters for banks, PSPs and EMIs

The AI Act splits obligations by role, not by sector. A "provider" (Article 3(3)) is whoever develops an AI system, or has one developed, and places it on the market under its own name. A "deployer" (Article 3(4)) is whoever uses an AI system under its own authority in a professional context. Most banks, payment service providers and e-money institutions buy or license fraud-detection, credit-scoring or AML-screening tools from vendors. That makes them deployers, even if they heavily configure or fine-tune the tool.

This matters because the two role sets of obligations are genuinely different. Providers carry the Article 16 duties: risk management, technical documentation under Annex IV, conformity assessment, CE marking, registration in the EU database. Deployers carry Article 26. Confusing the two leads institutions to either under-invest (assuming the vendor "handles compliance") or over-invest (building conformity assessment processes they don't need). Note also Article 25(1): if you put your own name or trademark on a high-risk system, substantially modify one, or change the intended purpose of a system so it becomes high-risk under Article 6, you become the provider for that system, with the full provider obligation set attached.

What Article 26 actually requires

Article 26 applies once the AI system in question is classified as high-risk, typically under Annex III. For financial institutions, the most relevant Annex III category is point 5(b): creditworthiness evaluation and credit scoring of natural persons (fraud-detection systems are explicitly excepted from this category).

The core duties, by paragraph:

Paragraphs 8 and 10 cover public authorities and law-enforcement-specific duties (including registration under Article 49 and rules on post-remote biometric identification) and generally won't apply to a private bank, PSP or EMI.

Where Article 27's fundamental rights impact assessment bites

Article 26 is not the only deployer-side duty. Article 27 requires a fundamental rights impact assessment (FRIA) from three specific groups: bodies governed by public law, private entities providing public services, and deployers of Annex III points 5(b) and 5(c) systems, meaning credit scoring and creditworthiness evaluation, and life and health insurance risk assessment and pricing. If your institution deploys a credit-scoring model in scope of point 5(b), the FRIA is not optional: it must describe your intended-use processes, the time period and frequency of use, the categories of people likely affected, the specific risks to them, your human oversight implementation, and the mitigation measures if those risks materialise.

Don't confuse this with Article 14

Article 26(2) tells you to assign human oversight to competent people. It does not tell you how that oversight has to be designed so it's actually effective, that is a provider-side design obligation under Article 14 on human oversight, which requires the system itself to be built so a human can understand, monitor and intervene in it. Treat Article 26 and Article 14 as two halves of the same control: the provider designs the oversight capability into the system, the deployer staffs and operationalises it.

Checklist for bank, PSP and EMI compliance teams

If you're mapping these obligations onto your actual AI stack and want a second pair of eyes, reach out to Novafin or email team@novafin.co.