EU AI Act Art. 48 — CE marking
Article 48 puts the CE mark on high-risk AI: providers affix it visibly, legibly, and indelibly to the system or its packaging — and digital-only systems must carry an accessible digital CE marking.
At a glance
What this article requires
- The CE mark confirms the high-risk AI system meets the Act's requirements.
- It must be affixed visibly, legibly, and indelibly to the system, its packaging, or its documentation.
- Digital-only AI systems carry a digital CE mark accessible via the software interface or a machine-readable code.
- The identification number of any involved notified body sits next to the CE mark.
Scope
Who this applies to
Providers of high-risk AI, as the final step after conformity assessment and the EU declaration of conformity.
Obligations
What you must actually do
Affix it correctly
Place the CE mark where it is visible and legible, and keep it alongside the notified body number when third-party assessment was involved.
Handle the digital case
For software-only systems, provide the CE marking through the interface or a machine-readable code users can scan.
Do not CE-mark non-high-risk AI
The CE mark signals high-risk compliance; misusing it — or placing it on a non-conforming system — is a serious infringement.
Action plan
Practical first steps
- 1
Add CE marking to your launch checklist, sequenced after conformity assessment and the EU declaration (Art. 47).
- 2
For digital products, design the machine-readable CE mark into the product early.
- 3
Keep the notified body number ready for the label or packaging.
Penalty exposure
Falsifying or misusing the CE mark is treated as a serious compliance failure, typically at the general tier of up to €15 million or 3% of global annual turnover — with market-surveillance enforcement including withdrawal from the market.
FAQ
Questions about Art. 48
Does my low-risk chatbot need a CE mark?
No. CE marking applies to high-risk AI systems that complete a conformity assessment. Limited- and minimal-risk AI do not carry CE marks under the AI Act.
Can I use the CE mark before the notified body approves?
No. The CE mark is the last step, after conformity assessment and the EU declaration of conformity. Affixing it early is a compliance violation.
Sources
Citations & further reading
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Check my use casePreliminary EU AI Act clarity summary. Not legal advice.