Article 95: Codes of Conduct
Article 95 encourages providers and deployers of AI systems other than high-risk systems to draw up codes of conduct intended to foster voluntary application of requirements such as technical robustness, transparency, human oversight, and diversity—beyond legal minimums.
Who does this apply to?
- -Providers and deployers of non-high-risk AI systems seeking voluntary assurance
- -Industry associations drafting sector codes
Scenarios
A trade association publishes a code for customer-service bots covering explainability and redress.
A startup adopts an internal code mirroring high-risk practices for a minimal-risk tool.
What codes can cover
Codes may voluntarily extend Chapter III-style themes—environmental sustainability, diversity, taking into account needs of small-scale users and vulnerable groups, and stakeholder participation. They should be measurable and allow third-party assessment where appropriate.
Relationship to binding law
Codes do not replace mandatory obligations for high-risk, GPAI, or transparency categories. They sit on top as best practice and procurement differentiators.
Compliance checklist
- Decide whether a code is marketing-only or auditable.
- Map code commitments to internal controls and KPIs.
- Align with upcoming Commission guidelines under Article 96 where relevant.
- Publish accountability and update cadence for the code.
- Train GTM teams not to overclaim 'compliance' where only voluntary adherence exists.
Benchmark your voluntary controls against high-risk best practice—free assessment.
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Frequently asked questions
Will customers accept a code instead of ISO 42001?
Enterprise buyers often want both. A code can complement ISO-style management systems but rarely substitutes for them in regulated procurement.
Are Article 95 codes of conduct legally binding?
No. Article 95 codes are entirely voluntary. They encourage providers and deployers of non-high-risk AI systems to voluntarily apply some or all of the requirements applicable to high-risk systems (e.g. risk management, data governance, transparency) and to address sustainability, accessibility, diversity, and stakeholder participation.
Who can draft codes of conduct under Article 95?
The codes may be drawn up by individual providers or deployers, or by organisations representing them, including with the involvement of deployers and affected parties, civil society, and academia. The AI Office and Member States may facilitate the process and provide templates or guidance under Article 96.