EU AI Liability Directive AILD-Art.3.5: Presumption of non-compliance on refusal to disclose (Article 3(5))

Article 3(5) introduces a procedural presumption: where a defendant fails to comply with an order to disclose or preserve evidence at its disposal, the national court is to presume the defendant's non-compliance with a relevant duty of care, in particular the duty of care that the disclosed evidence was intended to prove, that the disclosure was intended to establish for the purposes of the relevant damages claim. The presumption is rebuttable.

Other controls in AILD - Disclosure of Evidence (Article 3)

AILD-Art.3.1 Disclosure of evidence on request (Article 3(1))
AILD-Art.3.2 Plausibility threshold and disclosure from non-defendants (Article 3(2))
AILD-Art.3.3 Preservation of evidence (Article 3(3))
AILD-Art.3.4 Proportionality and trade-secret protection (Article 3(4))

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MCP endpoint All EU AI Liability Directive controls