Article 62: Measures for Providers and Deployers, in Particular SMEs, Including Start-Ups
Article 62 requires Member States to take specific actions to support SMEs and start-ups in complying with the AI Act. These include providing priority access to regulatory sandboxes, organising awareness-raising and training activities, establishing dedicated communication channels, and reducing fees where possible. The AI Office must create templates and tools for compliance. The Commission must establish a single information platform for operators. Testing and experimentation facilities must be made accessible to smaller actors.
Who does this apply to?
- -SMEs and start-ups developing or deploying AI systems in the Union, who are the primary beneficiaries of Article 62 support measures
- -Member States that must create and implement SME support measures, including priority sandbox access and fee reductions
- -The AI Office, which must develop compliance templates, tools, and guidance tailored to smaller operators
Scenarios
A five-person AI start-up developing a high-risk recruitment tool cannot afford extensive legal counsel. The national competent authority provides a dedicated helpline for SMEs, and the AI Office publishes a conformity-assessment template pre-filled with guidance for common high-risk use cases.
A Member State charges conformity-assessment fees that are proportional to company turnover. For a start-up with €500K revenue, the fee is scaled down to €200, while a large enterprise pays €15,000 for the same assessment.
What Article 62 requires (in plain terms)
Article 62 recognises that the AI Act's compliance burden falls disproportionately on smaller organisations. To address this, it creates binding obligations on Member States and the AI Office:
Member State obligations: - Provide priority access to AI regulatory sandboxes for SMEs and start-ups (see Article 57). - Organise awareness-raising activities and training tailored to SMEs. - Establish dedicated communication channels for SMEs to get guidance on AI Act compliance. - Reduce fees proportionally to the size and market position of the operator, where possible.
AI Office obligations: - Develop standardised templates for conformity documentation, risk management, and other compliance outputs. - Create compliance tools (checklists, guidance documents, software) accessible to smaller operators.
Commission obligations: - Establish a single information platform providing all AI Act compliance information in one place. - Ensure that testing and experimentation facilities (TEFs) are accessible to SMEs and start-ups.
These are not aspirational goals — Article 62 uses mandatory language (*"shall"*), creating enforceable duties on Member States and institutions.
Why this matters for SMEs and start-ups
The AI Act's compliance framework — risk management systems, technical documentation, conformity assessment, post-market monitoring — was designed with large-scale providers in mind. Without Article 62, small teams could face:
- Disproportionate costs for legal advice and conformity assessment
- Lack of access to regulatory expertise and testing infrastructure
- Information asymmetry compared to large enterprises with dedicated regulatory affairs teams
Article 62 is the Act's explicit acknowledgment that proportionality must be built into the support infrastructure, not just the penalty regime (which is handled separately in Article 63).
How Article 62 connects to the rest of the Act
- Article 57 — sandboxes (SMEs get priority access under Article 62).
- Article 63 — derogations for specific operators (reduced penalty caps for SMEs, separate from the support measures in Article 62).
- Article 99 — penalties framework (Article 62 support measures help SMEs avoid penalties by enabling compliance; Article 63/99 reduce penalties where violations do occur).
- Article 113 — application dates.
Compliance checklist
- Check whether your organisation qualifies as an SME or start-up under the EU definition (Commission Recommendation 2003/361/EC) to access Article 62 benefits.
- Contact your national competent authority to learn about priority sandbox access, dedicated SME helplines, and fee reduction programmes.
- Monitor the AI Office's website for published compliance templates, tools, and guidance documents designed for smaller operators.
- Check the Commission's single information platform for AI Act compliance resources once it is operational.
- Explore access to testing and experimentation facilities (TEFs) in your Member State or at EU level.
- Take advantage of awareness-raising and training activities organised by your national authority — these are specifically designed for organisations without large legal teams.
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Frequently asked questions
Does Article 62 reduce compliance obligations for SMEs?
No. Article 62 provides support measures — templates, guidance, priority sandbox access, fee reductions — to help SMEs meet their full compliance obligations. The substantive requirements (risk management, conformity assessment, etc.) remain the same. For reduced penalties, see Article 63.
What qualifies as an SME under the AI Act?
The AI Act uses the standard EU SME definition from Commission Recommendation 2003/361/EC: fewer than 250 employees and either annual turnover not exceeding €50 million or total balance sheet not exceeding €43 million. Start-ups are generally included in the SME category for Article 62 purposes.
When will the AI Office's compliance templates be available?
Article 62 does not specify a deadline for the templates, but the obligation is linked to the overall Article 113 timeline. Monitor the AI Office's publications and the Commission's single information platform for updates.