AI Governance Engineer
GitHub

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.Clause: Product Liability Directive (EU) 2024/2853, Arts. 9–10ClauseEU PLDArts. 9–10Duty holder: Manufacturers, incl. providers of AI systems and substantial modifiersDuty holderManufacturers,incl.…Applies from: 2026-12-09 (Applies later)Applies from2026-12-09Applies laterArtefact: Defence file per release: AIBOM with hashes, eval history, failure-mode analysis, signed logs, instructions for use, kept for the liability periodArtefactDefence fileper releaseLayers: Layer 02 Inventory & Transparency and Layer 03 Evals & Red Teaming as Evidence and Layer 05 Assurance & Continuous ComplianceLayersLayer 02Layer 03Layer 05Evidence record: the common evidence record (Evidence record v1)Evidence 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.Clause: Product Liability Directive (EU) 2024/2853, Arts. 9–10ClauseEU PLD · Arts. 9–10Duty holder: Manufacturers, incl. providers of AI systems and substantial modifiersDuty holderManufacturers, incl. providers…Applies from: 2026-12-09 (Applies later)Applies from2026-12-09 · Applies laterArtefact: Defence file per release: AIBOM with hashes, eval history, failure-mode analysis, signed logs, instructions for use, kept for the liability periodArtefactDefence file per releaseLayers: Layer 02 Inventory & Transparency and Layer 03 Evals & Red Teaming as Evidence and Layer 05 Assurance & Continuous ComplianceLayersLayer 02Layer 03Layer 05Evidence record: the common evidence record (Evidence record v1)Evidence 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.
When this obligation appliesThe date of AIGE-OBL-PLD-ART9-10 on a time axis, against its review date 2026-09-24.2024202620282030As of 2026-09-242026-12-09 · Applies laterProducts placed on the marketor put into service after2026-12-092026-12-09 · Applies later · Products placed on the market or put into service after 2026-12-09Source: Obligation register(chapter 08)
When this obligation appliesThe date of AIGE-OBL-PLD-ART9-10 on a time axis, against its review date 2026-09-24.2026-12-09 · Applies laterProducts placed on the market or put into service after2026-12-092024202620282030As of 2026-09-242026-12-09 · Applies later · Products placed on the market or put into service after 2026-12-09Source: Obligation register (chapter 08)
When this obligation applies The first date in the row's status, then each later step: filled once its date has passed, outlined while it is still ahead of the review date.
Data table: the dates
Dates of AIGE-OBL-PLD-ART9-10
DateStepDetail
2026-12-09Applies laterProducts placed on the market or put into service after 2026-12-09
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}
}