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AI Agent Causes Damage: Who Pays, and With What Evidence

EU Regulation 2024/1689 requires high-risk AI systems to automatically record events (Art. 12) and obliges providers (Art. 19) and deployers (Art. 26(6)) to retain logs for at least six months, with additional rules for financial institutions; for Annex III, the Digital Omnibus has pushed application to 2 December 2027. Directive (EU) 2024/2853 makes the log decisive even where the law is silent: Article 10(2)(a) presumes the product is defective when the defendant fails to disclose the evidence requested under Article 9. What follows is an operational checklist for an agent working on account

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