Home /Crosswalks

Three AI deployments, three regulatory roles

The same question - what controls, what framework, what do we tell the customer - has three different answers depending on where you sit in the supply chain. Worked against OWASP and the EU AI Act as amended.

Written for the person who has to answer a customer security questionnaire about AI, and for the risk owner who has to sign it.

Version 1.1 · updated 2026-09-04

The Digital Omnibus on AI - Regulation (EU) 2026/1744 - was published in the Official Journal on 24 July 2026 and entered into force on 27 July. It deferred the high-risk obligations that most published guidance still dates to August 2026, softened the AI literacy duty, and added two new outright prohibitions. The 2 August 2026 transparency deadline did not move.

Article 5Original prohibited practices2 February 2025Social scoring, subliminal manipulation, real-time biometric ID. Unchanged
Article 4AI literacy2 February 2025Softened by the Omnibus from 27 July 2026. Still binding
Chapter VGPAI model obligations2 August 2025Sit with the model provider, not you
Article 50Transparency2 August 2026NOT deferred. In effect for one month
Article 5 (new)NCII and CSAM generation banned2 December 2026New prohibited practice. Up to EUR 35M or 7% of global turnover
Article 50(2)Marking of output from pre-August-2026 systems2 December 2026Transitional grace period
Chapter IIIHigh-risk, standalone Annex III2 December 2027Moved from 2 August 2026
Chapter IIIHigh-risk embedded in Annex I products2 August 2028Moved from 2 August 2027
Scenario 1

Contract-reading agent with RAG over internal policy

An agent reads an inbound customer RFP or contract, extracts the privacy and security requirements, retrieves against internal policies, procedures and regulatory positions, drafts a response, and routes it to the solutions and legal teams for sign-off before it goes back to the customer.

Your role: Deployer

You built it, you run it, you use it internally. You are not placing it on the market, so provider obligations do not attach. The output leaves your organisation but the system does not.

What breaks

Where the AI Act lands

The constraint that comes first

The customer's contract is their confidential information, usually under NDA. If your model is third-party hosted and that provider is not a named subprocessor in the agreement covering that document, you cannot feed it - and no security control fixes that. Settle the contract question before the architecture question.

Answering the customer

Frame it as document handling, not AI. The customer wants to know their contract does not leave your processing boundary and does not train anything. Lead there.

Scenario 2

Embedded AI feature in a third-party billing SaaS

Your billing platform ships an AI feature. Users upload files and data tables and it performs spreadsheet-style manipulation to return a requested view of the data. You did not procure it separately and you cannot configure its internals.

Your role: Deployer, with almost no control surface

The SaaS vendor is the provider. The model vendor behind them carries the GPAI obligations. You are two steps removed from every technical decision that matters, which is the defining fact of this scenario.

What breaks

Where the AI Act lands

The constraint that comes first

This is where the answer is often no. If the vendor will not commit in writing to no-training on your data, a named subprocessor list, and processing location, then for EU customer data the feature stays off. That is a configuration decision available to you today, and it is the strongest control you have.

Answering the customer

Be honest that the OWASP control set is largely unavailable to you here. You cannot sandbox it, validate its output handling or partition its retrieval. Your entire control surface is contractual, configurational and who-you-let-use-it. State that plainly rather than implying technical assurance you do not have.

Scenario 3

Open-weights model in private cloud, building a CRM agent for a customer

A DevOps team runs a third-party open-weights LLM inside your private cloud and uses it to develop an agentic CRM product, which is then delivered to a customer to operate.

Your role: Provider - and this is the finding

You are placing an AI system on the market under your own name. That is a categorically heavier position than the other two scenarios, and teams routinely misread it as deployment because the model came from someone else. Your customer becomes the deployer. Obligations split accordingly and your contract should say so explicitly.

What breaks

Where the AI Act lands

The constraint that comes first

Check the model licence before anything else. Open-weights licences carry acceptable-use terms that flow through to your customer, and some restrict exactly the commercial redistribution this scenario describes. It is a delivery blocker that has nothing to do with security and is discovered late with painful regularity.

Answering the customer

Your customer will send you the questionnaire you have been sending your own vendors. Answer it as a provider: model provenance, what you fine-tuned on, tool scope and identity model, your Article 50 position, and where the high-risk line sits for their intended use. Say plainly which obligations transfer to them on handover.

What actually changes across the three

Scope and limits

This is a reasoning aid, not legal advice and not a compliance mapping. It works three concrete architectures against public frameworks and shows how the answers diverge. Every architecture differs in ways that change the analysis; use this to structure the question, not to skip it. Framework names and article numbers are cited so you can check them.

ISO/IEC 42001 Annex A control identifiers are deliberately absent. The standard is not freely available and citing control numbers from memory is how mapping documents acquire errors. Where 42001 is relevant we name the management-system function rather than a clause.

Frameworks referenced: OWASP Top 10 for Agentic Applications 2026 (ASI01–ASI10) and OWASP Top 10 for LLM Applications 2026 (LLM01–LLM10), both OWASP GenAI Security Project, CC BY-SA 4.0. Regulation (EU) 2024/1689 as amended by the Digital Omnibus on AI, in force 27 July 2026.