Selected for a legal angle. For each: original → fact-check and legal basis → substantive analysis.
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Original — Eurasia Review
The Anchor and the Scale: Germany, India, and Applied AI – AnalysisCopy link
In this analysis, Manuel Kilian argues that while the US and China dominate frontier AI models, middle powers like Germany and India can leverage downstream opportunities. As cheap, open-weight models rapidly close the performance gap and…
While Germany and India seek to combine proprietary industrial data with engineering talent, operators deploying these systems within the Union face stringent data governance protocols. This regulatory environment requires operators to establish comprehensive accountability frameworks prior to placing high-risk AI systems on the Union market. The legal issue is which data operations and risk management procedures are mandatory under Regulation (EU) 2024/1689. This matter is governed by Articles 17 and 9 of Regulation (EU) 2024/1689, which regulate data operations and risk management systems.
Legal assessment
Regulation (EU) 2024/1689 is directly applicable in all Member States. Conversely, Directive (EU
• REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, ( Article 113 (statute)for determining high-impact capabilities for each modality, and the specific type of inputs and outputs (e.g. biological sequences);
(e)
the benchmarks and evaluations…
for determining high-impact capabilities for each modality, and the specific type of inputs and outputs (e.g. biological sequences);
(e)
the benchmarks and evaluations of capabilities of the model, including considering the number of tasks without additional training, adaptability to learn new, distinct tasks, its level of autonomy and scalability, the tools it has access to;
(f)
whether it has a high impact on the internal market due to its reach, which shall be presumed when it has been made available to at least 10 000 registered business users established in the Union;
(g)
the number of registered end-users. ELI: http://data.europa.eu/eli/reg/2024/1689/oj
ISSN 1977-0677 (electronic edition)
• REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, ( Article 17 (statute)collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data that…
collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data that is performed before and for the purpose of the placing on the market or the putting into service of high-risk AI systems;
(g)
the risk management system referred to in Article 9;
(h)
the setting-up, implementation and maintenance of a post-market monitoring system, in accordance with Article 72;
(i)
procedures related to the reporting of a serious incident in accordance with Article 73;
(j)
the handling of communication with national competent authorities, other relevant authorities, including those providing or supporting the access to data, notified bodies, other operators, customers or other interested parties;
(k)
systems and procedures for record-keeping of all relevant documentation and information;
(l)
resource management, including security-of-supply related measures;
(m)
an accountability framework setting out the responsibilities of the management and other staff with regard to all the aspects listed in this paragraph.
• REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, ( Article 108 (statute)Section 2, of that Regulation shall be taken into account.’;
(6)
in Article 58, the following paragraph is added:
‘3. When adopting delegated acts pursuant to paragraphs…
Section 2, of that Regulation shall be taken into account.’;
(6)
in Article 58, the following paragraph is added:
‘3. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’.
Original — Russell McVeagh
Watermarking AI Content: What the EU AI Act Means for Your BusinessCopy link
Under the EU's new Artificial Intelligence Act, AI watermarking and transparency measures are now mandatory for anyone supplying AI systems or AI-generated content within the EU, including New Zealand-based providers. Furthermore, as AI…
Whether a provider of an AI system that generates synthetic content is exempt from the obligation to mark its outputs in a machine-readable format under Article 50(2) of Regulation (EU) 2024/1689 when the system performs an assistive function for standard editing or does not substantially alter the input data or its semantics.
Legal basis: Under Article 50(2) of Regulation (EU) 2024/1689, which is a directly applicable Union regulation, providers of AI systems generating synthetic audio, image, video, or text content must ensure that their outputs are marked in a machine-readable format and are detectable as artificially generated or manipulated. This obligation requires providers to ensure that their technical solutions are effective, interoperable, robust, and reliable as far as technically feasible, taking into account the specificities of content types, implementation costs, and the state of the art. Crucially, this marking requirement does not apply to the extent that the AI system performs an assistive function for standard editing or does not substantially alter the input data provided by the deployer or the semantics thereof.
Practical significance: For compliance officers and legal counsel representing AI developers, the primary risk lies in determining the threshold of "substantial alteration" and "assistive function" to justify omitting watermarking. Since the regulation does not define "standard editing" or "substantial alteration of semantics," providers must document their technical assessments of whether their AI tools merely assist or fundamentally transform user inputs. Furthermore, because Article 50(7) of Regulation (EU) 2024/1689 tasks the AI Office with facilitating codes of practice and allows the Commission to adopt implementing acts specifying common rules, compliance teams must closely monitor these upcoming Union-level codes of practice to align their watermarking technologies with the "generally acknowledged state of the art" and avoid non-compliance risks.
Legal basis(3)
• REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, ( Article 50 (statute)Article 50
Transparency obligations for providers and deployers of certain AI systems
1. Providers shall ensure that AI systems intended to interact directly with…
Article 50
Transparency obligations for providers and deployers of certain AI systems
1. Providers shall ensure that AI systems intended to interact directly with natural persons are designed and developed in such a way that the natural persons concerned are informed that they are interacting with an AI system, unless this is obvious from the point of view of a natural person who is reasonably well-informed, observant and circumspect, taking into account the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate or prosecute criminal offences, subject to appropriate safeguards for the rights and freedoms of third parties, unless those systems are available for the public to report a criminal offence.
• REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, ( Article 24 (statute)Article 24
Obligations of distributors
1. Before making a high-risk AI system available on the market, distributors shall verify that it bears the required CE marking…
Article 24
Obligations of distributors
1. Before making a high-risk AI system available on the market, distributors shall verify that it bears the required CE marking, that it is accompanied by a copy of the EU declaration of conformity referred to in Article 47 and instructions for use, and that the provider and the importer of that system, as applicable, have complied with their respective obligations as laid down in Article 16, points (b) and (c) and Article 23(3).
• REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, ( Article 48 (statute)Article 48
CE marking
1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
2. For high-risk AI systems…
Article 48
CE marking
1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
2. For high-risk AI systems provided digitally, a digital CE marking shall be used, only if it can easily be accessed via the interface from which that system is accessed or via an easily accessible machine-readable code or other electronic means.
3. The CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate.
Original — Global Sources
The EU Is Making Circular Fashion a RequirementCopy link
The European Union is ushering in a new era of sustainable fashion by targeting wasteful practices, starting with a ban on destroying unsold clothing, accessories, and footwear that took effect for large brands on July 19, 2026. With…
The present matter necessitates an immediate overhaul of inventory and packaging strategies by fashion brands, as stringent EU environmental mandates now penalize waste generation at source. The precise legal issue is whether fashion brands may continue traditional disposal practices for unsold stock and packaging under the newly established regulatory framework. The governing legal instruments are the Ecodesign for Sustainable Products Regulation, which prohibits the destruction of unsold apparel, and Regulation (EU) 2025/40, which regulates packaging compliance.
Legal assessment
As Regulation (EU) 2025/40 is a regulation, it is directly applicable in all Member States. The directives referenced in the
• Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste (PPWR) Article 71 (statute)in bio-waste processing;
(f)
its use does not increase the contamination of non-compostable packaging waste streams. ANNEX IV
Methodology for packaging minimisation…
in bio-waste processing;
(f)
its use does not increase the contamination of non-compostable packaging waste streams. ANNEX IV
Methodology for packaging minimisation assessment
Part A
Performance criteria
1.
Product protection: packaging design shall ensure protection of the product, from the point of packaging or filling until its end use, with a view to preventing significant product damage, loss, deterioration or waste. Requirements may consist of protection against mechanical or chemical damage, vibration, compression, humidity, moisture loss, oxidation, light, oxygen, microbiological infection, pest, deterioration of organoleptic properties, etc. and include references to specific Union law setting out requirements on product quality.
• Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste (PPWR) Article 53 (statute)the recycling operation and are not subsequently recycled is not included in the weight of waste reported as recycled.
6. Member States shall establish an effective…
the recycling operation and are not subsequently recycled is not included in the weight of waste reported as recycled.
6. Member States shall establish an effective system of quality control and traceability of the packaging waste to ensure that the conditions laid down in paragraphs 2 to 5 of this Article are met. That system may consist of electronic registries set up pursuant to Article 35(4) of Directive 2008/98/EC or technical specifications for the quality requirements of sorted waste. It may also consist of average loss rates for sorted waste for various waste types and waste management practices, respectively, provided that reliable data cannot be otherwise obtained. Average loss rates shall be calculated on the basis of the calculation rules established in the delegated act adopted pursuant to Article 11a(10) of Directive 2008/98/EC.
• Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste (PPWR) Article 1 (statute)Article 1
Subject matter
1. This Regulation establishes requirements for the entire life-cycle of packaging as regards environmental sustainability and labelling, to…
Article 1
Subject matter
1. This Regulation establishes requirements for the entire life-cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market. It also establishes requirements for extended producer responsibility, packaging waste prevention, such as the reduction of unnecessary packaging and the re-use or refill of packaging, as well as the collection and treatment, including recycling, of packaging waste.
2. This Regulation contributes to the efficient functioning of the internal market by harmonising national measures on packaging and packaging waste in order to avoid obstacles to trade and the distortion and restriction of competition within the Union, while preventing or reducing the adverse impacts of packaging and packaging waste on the environment and human health, on the basis of a high level of environmental protection.
3. This Regulation contributes to the transition to a circular economy and to achieving climate neutrality at the latest by 2050, as provided for under Regulation (EU) 2021/1119 of the European Parliament and of the Council (53), by laying down measures in line with the waste hierarchy set out in Article 4 of Directive 2008/98/EC (‘waste hierarchy’).