AI Act, Annex VIII, Section C, point 5: the data protection impact assessment is referred to Article 26(8) instead of 26(9)

Article 26(8) is about registration by deployers that are public authorities. The data protection impact assessment is in Article 26(9). The error is in all 24 versions. This has been pointed out publicly before.

Consequence

A public authority that registers a system is sent to the wrong paragraph for the assessment whose summary it submits.

Proposed correction

Replace Article 26(8) with Article 26(9) in Annex VIII, Section C, point 5.

Jurisdiction

European Union — European Union

Act

Regulation (EU) 2024/1689 (Artificial Intelligence Act)

Place

Annex VIII, Section C, point 5

Record

Discrepancy

Class

Text of the act

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-31

Evidence

Contradiction within the text. Quotations are verbatim from the official material; translations are ours and marked.

as specified in Article 26(8) of this Regulation

shall use the information provided under Article 13 of this Regulation to comply with their obligation to carry out a data protection impact assessment

How to check it without Arxo's tools

1. Open Regulation (EU) 2024/1689 (Artificial Intelligence Act), Official Journal, 12 July 2024, English version and find Annex VIII, Section C, point 5 (English); Article 26(9) (English). Compare the text with the quotation above. A copy is kept in this register: 8f0b656302f9864c-en.xhtml (SHA-256 8f0b656302f9864cc87e040c371f209a9d65ae1a6cecc25ca5eb737e872d721a, copy of the official file).
2. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI models helped read and compare the texts and review the draft letters.

Described earlier by

• Kris Shrishak: Pointed out publicly that Annex VIII, Section C, point 5, refers to Article 26(8) instead of Article 26(9). source

Responsible institutions

• Council of the European Union, General Secretariat, Directorate for Quality of Legislation — lawyer-linguists of the co-legislator; corrigendum procedure
• European Parliament, Directorate for Legislative Acts — lawyer-linguists of the co-legislator; corrigendum procedure
• European Commission, European AI Office — applies the Regulation and prepares the Commission's guidelines

Reported to

Responses

No response recorded.

History

1. 2026-10-31Confirmed by Arxo
2. 2026-10-31Entered in the register
3. 2026-10-31Reported to Council of the European Union, General Secretariat, Directorate for Quality of Legislation (e-mail)
4. 2026-10-31Reported to European Parliament, Directorate for Legislative Acts (e-mail)
5. 2026-10-31Reported to European Commission, European AI Office (e-mail)

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0417, https://arxo.io/findings/ARXO-2026-0417/ (status as of 2026-10-31). Data: ARXO-2026-0417.json.