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EU Product Liability Directive Arts. 9–10: disclosure of evidence and presumption of defect

A court can order the defendant to disclose relevant evidence at its disposal; failing to disclose it is one of the conditions under which the product is presumed defective

By Reviewed

From clause to evidenceThe chain from EU PLD Arts. 9–10 to its evidence record, in 6 steps; the text alternative lists them and the facts under the figure state each in full.ClauseEU PLDArts. 9–10Duty holderManufacturers,incl.…Applies from2026-12-09Applies laterArtefactDefence fileper releaseLayersLayer 02Layer 03Layer 05Evidence recordEvidence recordv1Same topic elsewhere: no crosswalk topic files this clause yetAs of 2026-09-24 · illustrative, not a claim of conformity From clause to evidenceThe chain from EU PLD Arts. 9–10 to its evidence record, in 6 steps; the text alternative lists them and the facts under the figure state each in full.ClauseEU PLD · Arts. 9–10Duty holderManufacturers, incl. providers…Applies from2026-12-09 · Applies laterArtefactDefence file per releaseLayersLayer 02Layer 03Layer 05Evidence recordEvidence record v1Same topic elsewhere: no crosswalk topicfiles this clause yetAs of 2026-09-24illustrative, not a claim of conformity
From clause to evidence Build the artefact, then file every output it produces as a record that names AIGE-OBL-PLD-ART9-10. Drawn from chapter 08.
Text alternative
  • Clause: EU PLD, Arts. 9–10.
  • Duty holder: Manufacturers, incl. providers….
  • Applies from: 2026-12-09, Applies later.
  • Artefact: Defence file per release.
  • Layers: Layer 02, Layer 03, Layer 05.
  • Evidence record: Evidence record v1.
  • Record schema: Evidence record.
  • No crosswalk topic files this clause yet.
Id
AIGE-OBL-PLD-ART9-10
Instrument
Product Liability Directive (EU) 2024/2853 law
Clause
Arts. 9–10
In scope
Manufacturers, incl. providers of AI systems and substantial modifiers
Authority
National courts
Applies from
Applies later · Products placed on the market or put into service after 2026-12-09

The artefact that evidences it

Defence file per release: AIBOM with hashes, eval history, failure-mode analysis, signed logs, instructions for use, kept for the liability period.

Patterns that build it

No pattern in the catalogue names this clause on its "Maps to" line yet; the artefact above is the engineering answer.

Source

Chapter 08, section Liability, copyright, consumer and sector law, checked against its sources on the review date above.

Machine-readable

Cite this obligation

García Aibar, J. (2026). EU Product Liability Directive Arts. 9–10: disclosure of evidence and presumption of defect (AIGE-OBL-PLD-ART9-10). In AI Governance Engineering: The Thesis & Body of Knowledge (v0.5.0). https://doi.org/10.5281/zenodo.22956197. https://aigovernanceengineer.com/obligations/aige-obl-pld-art9-10. CC BY 4.0

BibTeX

@misc{aige2026obligation,
  author       = {Jorge García Aibar},
  title        = {{EU Product Liability Directive Arts. 9–10: disclosure of evidence and presumption of defect (AIGE-OBL-PLD-ART9-10)}},
  howpublished = {In AI Governance Engineering: The Thesis \& Body of Knowledge},
  year         = {2026},
  version      = {0.5.0},
  doi          = {10.5281/zenodo.22956197},
  url          = {https://aigovernanceengineer.com/obligations/aige-obl-pld-art9-10},
  note         = {Version 0.5.0}
}