2026-01-06 | IT Law
1. The Place of the Decree within the Hungarian AI Regulatory Framework
The decree, which enters into force on 23 January 2026, aims to establish detailed rules concerning the designation of bodies responsible for certifying the prior technical conformity of high-risk AI systems. This regulation is directly linked to the domestic implementation of Regulation (EU) 2024/1689 (the AI Act).
In designing the implementation model, the Hungarian legislator relied on existing conformity assessment structures. Accordingly:
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as a general rule, the designation of conformity assessment bodies is governed by Act CXXXIII of 2009 on the Activities of Conformity Assessment Bodies;
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the authority responsible for designation is the AI Notifying Authority, which, in this capacity, builds upon existing accreditation and administrative mechanisms.
2. Scope of Application – To Whom and to What Does the Decree Apply?
The scope of the decree expressly covers:
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conformity assessment bodies responsible for verifying compliance with requirements applicable to high-risk artificial intelligence systems; and
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the procedure for the designation of such bodies.
It is important to emphasise that the decree does not independently define what qualifies as a high-risk AI system. This continues to be governed by the AI Act and the related body of EU law. The Hungarian implementing decree focuses exclusively on the procedural and institutional framework.
3. Liability Insurance
One of the key provisions of the decree is that it makes liability insurance for conformity assessment bodies an integral part of the accreditation procedure.
This regulatory approach conveys a clear legal policy message: the conformity assessment of high-risk AI systems is an activity involving substantial liability risks, and the legislator therefore requires the existence of adequate financial safeguards.
4. Fees for the Designation Procedure
The decree lays down detailed rules on the administrative service fees payable for the designation procedure, which in practice represent a non-negligible cost factor for conformity assessment bodies.
The fees are as follows:
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HUF 250,000 per accredited status; and
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an additional HUF 20,000 for each product group and each conformity assessment procedure (module).
In the case of data modification, a uniform administrative service fee of HUF 20,000 is payable.
The legislation also precisely defines the method and timing of payment, as well as the earmarked use of the fees—the amounts collected may be used exclusively to cover personnel and material costs related to the designation procedure.
5. What Does This Mean for Companies Developing and Deploying AI Systems?
Although the formal addressees of the decree are conformity assessment bodies, its indirect impact on market participants is also significant.
Developers and distributors of high-risk AI systems must take into account that:
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conformity assessment is conducted within a strictly regulated and institutionalised procedure;
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only designated and accredited bodies are entitled to certify prior conformity;
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the costs and duration of such procedures must be factored into project planning in advance.
Accordingly, the decree indirectly encourages undertakings to incorporate legal and compliance considerations into the design of their AI systems already at the development stage.
Our colleagues continuously monitor developments in the legal regulation of artificial intelligence. If you are an AI developer and have questions regarding the legal implications of AI development, please feel free to contact our law firm.
