EU AI Liability Directive AILD-Art.4.3: Conditions for the presumption (non-high-risk AI systems, Article 4(3))

Article 4(3) provides that for claims involving non-high-risk AI systems the 4(1) causal-link presumption applies only where the national court considers it excessively difficult for the claimant to prove the causal link. The aim is to avoid extending the presumption broadly to all AI systems while still ensuring that opacity does not block recovery in genuinely intractable cases.

Other controls in AILD - Causal-Link Presumption (Article 4)

AILD-Art.4.1 Rebuttable presumption of a causal link (Article 4(1))
AILD-Art.4.2 Conditions for the presumption (high-risk AI systems, Article 4(2))
AILD-Art.4.6 Personal-use carve-out (Article 4(6))
AILD-Art.4.7 Defendant's right to rebut (Article 4(7))

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MCP endpoint All EU AI Liability Directive controls