The liability regime for AI systems – DPOblog

To the extent necessary to bring a claim for damages, Art. 3 AI Liability Directive allows a court to order the disclosure of relevant evidence for certain high-risk AI systems. Blanket requests for evidence are not permitted and disclosure must be limited to what is necessary. This is to reconcile the conflicting interests of the parties, as disclosure always also constitutes a disclosure of trade secrets. In this respect, the defendant is also to be given a legal remedy against the court's order (Art. If a defendant does not comply with the court's order for disclosure, the presumption rule under Art.