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Article 42

Presumption of conformity with certain requirements

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.

Frequently Asked Questions

Presumption of conformity means that certain high-risk AI systems are assumed to automatically meet specific legal requirements when they have been tested on relevant data or certified under recognized cybersecurity standards, thus simplifying their regulatory compliance and approval process under the AI Act.
High-risk AI systems qualify when they are specifically trained and tested using data that matches their intended location, user behavior, or situation, or when they possess cybersecurity certifications recognized and listed in the Official Journal according to the EU cybersecurity regulations, thereby fulfilling important requirements automatically under the AI Act.
Yes, cybersecurity certificates or compliance statements issued under the EU cybersecurity rules guarantee compliance, but only for cybersecurity aspects included in the certifications or statements, making it easier for developers to demonstrate meeting cybersecurity requirements of high-risk AI systems established under the AI Act.
If an AI system doesn’t fulfill these conformity conditions, the developers can’t assume automatic compliance and must actively demonstrate through documentation and testing that the system meets all relevant requirements and safeguards established for the safe and responsible use defined by the AI Act.

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