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The proposed European Artificial Intelligence Act (AIA) is the first attemptto elaborate a general legal framework for AI carried out by any major globaleconomy. As such, the AIA is likely to become a point of reference in thelarger discourse on how AI systems can (and should) be regulated. In thisarticle, we describe and discuss the two primary enforcement mechanismsproposed in the AIA: the conformity assessments that providers of high-risk AIsystems are expected to conduct, and the post-market monitoring plans thatproviders must establish to document the performance of high-risk AI systemsthroughout their lifetimes. We argue that AIA can be interpreted as a proposalto establish a Europe-wide ecosystem for conducting AI auditing, albeit inother words. Our analysis offers two main contributions. First, by describingthe enforcement mechanisms included in the AIA in terminology borrowed fromexisting literature on AI auditing, we help providers of AI systems understandhow they can prove adherence to the requirements set out in the AIA inpractice. Second, by examining the AIA from an auditing perspective, we seek toprovide transferable lessons from previous research about how to refine furtherthe regulatory approach outlined in the AIA. We conclude by highlighting sevenaspects of the AIA where amendments (or simply clarifications) would behelpful. These include, above all, the need to translate vague concepts intoverifiable criteria and to strengthen the institutional safeguards concerningconformity assessments based on internal checks.

Conformity Assessments and Post-market Monitoring: A Guide to the Role of Auditing in the Proposed European AI Regulation