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IBM Granite is produced by International Business Machines, a US-incorporated, US-headquartered public technology company, which makes it fully subject to CLOUD Act and FISA Section 702 compelled-access risk regardless of where EU customer data is processed. On the positive side, Granite's trust posture is among the strongest in the open-weights market: models from version 3.0 onward are Apache 2.0 licensed with publicly disclosed training data, cryptographically signed since April 2026, backed by uncapped IP indemnity, and IBM has signed the EU GPAI Code of Practice. Enterprises should note that EU AI Act GPAI transparency and Commission enforcement powers become active from 2 August 2026 regardless of the parallel Digital Omnibus deferral of high-risk-system deadlines.
IBM is a US-incorporated, US-headquartered corporation and is definitively subject to the CLOUD Act, meaning US authorities can compel disclosure of data held anywhere in the world, including EU-resident data processed via IBM cloud services.
IBM is subject to FISA Section 702, enabling US intelligence agencies to compel access to data flowing through IBM-operated infrastructure regardless of physical data location.
EU AI Act GPAI transparency obligations and Commission enforcement/fining powers activate from 2 August 2026 regardless of the parallel Digital Omnibus deferral of high-risk system deadlines — customers should not assume the Omnibus relief applies to GPAI model providers like IBM.
Some safety researchers have raised concerns that Apache 2.0-licensed open weights allow bad actors to strip safety guardrails more easily than closed APIs; IBM counters via cryptographic signing and hardware-level security, but the debate is unresolved in the industry.
Stav’s assessment
Editorial assessment, not legal advice. Stav's risk ratings, scores, and verdicts are our own analysis of publicly available information and may be incomplete or out of date. Verify independently before making compliance or procurement decisions.
IBM publicly discloses Granite pretraining datasets and sampling methodology, explicitly rejecting industry trends toward concealment of training data.
As of 29 April 2026, IBM cryptographically signs released Granite language, vision, speech, embedding, and guardian models, adding a verifiable provenance layer.
IBM has signed the EU GPAI Code of Practice, a Commission-endorsed voluntary tool providing a presumption of conformity with EU AI Act GPAI obligations.
Granite models are distributed as Apache 2.0 open weights via HuggingFace, Ollama, NVIDIA NIM, and Google Vertex AI, with an active HuggingFace org showing frequent recent updates.
IBM is a long-established, financially stable public corporation with a continuous, rapid Granite release cadence (3.0 through 4.1) and no signs of contraction or leadership disruption to the programme.
Published safeguards & certifications