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FRIA
6 min readUpdated 2026-02-15

When is FRIA Required?

Understand the triggers and requirements for conducting a Fundamental Rights Impact Assessment under Article 27 — who must conduct one, when, and what it must include.

Fundamental Rights Impact Assessment (FRIA)

Automatic detection: KlarvoEngine flags when FRIA is required based on your classification. If your system is high-risk and you're a public body or deploying credit/insurance AI, the FRIA requirement appears in your obligations automatically.

Article 27 of the EU AI Act requires certain deployers of high-risk AI systems to conduct a Fundamental Rights Impact Assessment before first use — and to update it when circumstances change.

Who Must Conduct a FRIA?

FRIA is required when all of the following are true:

  • You are a deployer (you use AI, not just build it)
  • The AI system is high-risk (matches an Annex III category)
  • You fall into one of these categories:
  • - Public body or body governed by public law

    - Private entity providing a public service (hospitals, utilities, transport, etc.)

    - Deployer of certain specific Annex III systems regardless of public/private status — notably credit scoring, insurance risk assessment, and emergency service dispatch

    FRIA Triggers — Decision Tree

    Is the system high-risk (Annex III)?
    

    → No → FRIA not required

    → Yes ↓

    Are you a public authority?

    → Yes → FRIA required

    → No ↓

    Do you provide a public service (even as a private entity)?

    → Yes → FRIA required

    → No ↓

    Is the system used for credit scoring, insurance risk, or emergency dispatch?

    → Yes → FRIA required

    → No → FRIA not required (but recommended as good practice)

    When to Conduct FRIA

    ScenarioTiming
    First deployment of high-risk systemBefore putting into use
    Material change to the systemBefore implementing the change
    New use case or expanded scopeBefore the expansion
    Periodic reviewAs defined in governance policy (recommended annually)
    After a serious incidentBefore resuming use

    What FRIA Must Include (Article 27 Elements)

    (a) Process Description: How you use the AI system — intended purpose, decision points affected, workflow integration, human oversight measures.

    (b) Time Period & Frequency: Expected duration of deployment, frequency of use, scale of people affected per time period.

    (c) Affected Categories of Persons: Natural persons and groups likely affected — with specific attention to vulnerable groups, geographic scope, and how they'll be informed.

    (d) Specific Risks to Fundamental Rights: Right-by-right analysis covering non-discrimination, privacy, freedom of expression, worker rights, due process, access to services, safety. Each risk rated by likelihood and severity.

    (e) Human Oversight Measures: How oversight is designed, competence of oversight personnel, their authority to intervene or stop.

    (f) Mitigation, Governance & Complaints: Risk mitigation measures mapped to identified risks, governance arrangements, complaint mechanisms, monitoring plans, and reassessment triggers.

    Notification Requirements

    After completing FRIA:

  • Notify the market surveillance authority using the prescribed template (unless exempt)
  • Update when circumstances change — particularly new risks, expanded use, or incidents
  • Retain records for the lifetime of the AI system deployment
  • Exemptions from Notification

    You may be exempt from notification (but not from conducting the FRIA itself) in:

  • National security contexts
  • Military/defence applications
  • Research-only use not affecting real people
  • Integration with DPIA

    If you've completed a DPIA under GDPR, you can build on it:

    AspectDPIAFRIA
    FocusPersonal data protectionAll fundamental rights
    TriggerHigh-risk data processingHigh-risk AI deployment
    Rights coveredPrivacy & data protectionDignity, non-discrimination, safety, worker rights, etc.
    Can reference each otherYesYes

    FRIA has a broader scope than DPIA — it covers rights beyond data protection, including non-discrimination, freedom of expression, and worker rights.

    Best Practices

    📋 Don't skip the FRIA trigger check: Even if you're unsure, complete the evaluation — it's documented due diligence
    🔄 Plan for updates: FRIA is not a one-time exercise — material changes require updates
    👥 Involve affected groups: Where practical, consult representatives of affected persons
    📄 Use Klarvo's FRIA Wizard: The structured workflow ensures all Article 27 elements are covered