Guidelines on the implementation of the transparency obligations for certain AI systems under Article 50 of the AI Act — C(2026) 5054 final, Annex

(23) According to Article 2(12) AI Act, AI systems released under free and open-source licences are outside the scope of the AI Act provided they do not fall under the prohibitions of Article 5 AI Act or the transparency obligations of Article 50 AI Act, or they are not classified as high-risk (11). This means that providers and deployers of open- source AI systems within the scope of Article 50 AI Act still need to ensure compliance with their respective transparency obligations.

(24) By contrast, providers of free and open-source AI components that cover software, data, models, tools, services or processes for customisation and integration into an AI system and that do not constitute in themselves (in part or in whole) an AI system, are not subject to the transparency obligations in Article 50 AI Act. Providers of such systems are nevertheless encouraged to design those models, components, and services in a manner described in paragraph 27 below, insofar as this is proportionate and feasible.