Provider: the one who puts it on the market

Under the AI Act, the provider is the actor who develops an AI system or places it on the market under its own name or trademark. Think of the provider as the original creator or seller—the one who first makes the system available. In contrast, the deployer is the user who operates the system under its own authority, for example a hospital using diagnostic software. The key distinction is who brings the system to the market, not who uses it day-to-day.

A common exam trick is to ask who is liable when a deployer substantially modifies a system. If a deployer changes the model, retrains it, or integrates it into a new product, that deployer may be reclassified as a provider and must take on all provider obligations. Another hint: look for phrases like "under its own name" in the question—that signals a provider. Also, remember that a provider can be based outside the EU if the system is placed on the EU market.

To lock this in, use the mnemonic: "Provider puts it on the market; deployer does the daily work." If you see a scenario where someone customises an off-the-shelf AI tool for a new purpose, ask yourself: did they put it on the market under their own name? If yes, they are a provider. Test yourself by listing two obligations that differ between providers and deployers—for example, providers must do a conformity assessment, while deployers must ensure human oversight.