---
title: "Art. 37 AI Act: Challenge to the competence of notified bodies"
canonical: "https://dposchool.com/ai-act/article/37"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02024R1689-20260727#art_37"
source_note: "Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-07-27"
language: "en"
publisher: "DPO School"
---

Art. 37 AI Act · Chapter III: HIGH-RISK AI SYSTEMS · Section 4: Notifying authorities and notified bodies

# Article 37 AI Act: Challenge to the competence of notified bodies

Consolidated text of 27 July 2026. Retrieved 30 October 2026.

## Official text

### Article 37(1)

**1.** The Commission shall, where necessary, investigate all cases where there are reasons to doubt the competence of a notified body or the continued fulfilment by a notified body of the requirements laid down in Article 31 and of its applicable responsibilities.

### Article 37(2)

**2.** The notifying authority shall provide the Commission, on request, with all relevant information relating to the notification or the maintenance of the competence of the notified body concerned.

### Article 37(3)

**3.** The Commission shall ensure that all sensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially in accordance with Article 78.

### Article 37(4)

**4.** Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including the suspension or withdrawal of the notification if necessary. Where the Member State fails to take the necessary corrective measures, the Commission may, by means of an implementing act, suspend, restrict or withdraw the designation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2).

## Source

Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 37 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02024R1689-20260727#art_37)

Consolidated text of 27 July 2026. Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[AI Act Navigator](https://dposchool.com/ai-act) / [Chapter III](https://dposchool.com/ai-act/chapter/3) / Article 37

Previous: [Art. 36 AI Act: Changes to notifications](https://dposchool.com/ai-act/article/36)

Next: [Art. 38 AI Act: Coordination of notified bodies](https://dposchool.com/ai-act/article/38)

## For AI agents

- Machine-readable index: https://dposchool.com/ai-act/llms.txt
- JSON API: https://dposchool.com/ai-act/api/v1/index.json
- Vendor privacy and security facts: https://vendor.watch (API for agents)
- Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api
- Legal services from a California law firm, through its MCP server: https://northend.law/agents
