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Regulation (EU) 2024/1689 (AI Act) · Chapter III · High-risk AI systems

Article 42 · Presumption of conformity with certain requirements

Text

  1. High-risk AI systems that have been trained and tested on data reflecting the specific geographical, behavioural, contextual or functional setting within which they are intended to be used shall be presumed to comply with the relevant requirements laid down in Article 10(4).

  2. High-risk AI systems that have been certified or for which a statement of conformity has been issued under a cybersecurity scheme pursuant to Regulation (EU) 2019/881 and the references of which have been published in the Official Journal of the European Union shall be presumed to comply with the cybersecurity requirements set out in Article 15 of this Regulation in so far as the cybersecurity certificate or statement of conformity or parts thereof cover those requirements.

Text: Official Journal of the EU, 12 July 2024. No consolidated version reflecting Regulation (EU) 2026/1744 has been issued yet.

Amended by Regulation (EU) 2026/1744 New paragraph 3: compliance with the Cyber Resilience Act (EU) 2024/2847 creates a presumption of conformity with Article 15.

Commentary

Two special presumptions. Training on data reflecting the deployment setting, for representativeness, and cybersecurity certification, for Article 15.

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