Legal prism · 2026-10-12

Legal prism — 2026-10-12

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Updated: 2026-10-12 00:58
The day's news through a legal prism — grounded in our database of EU legislation.
Original — verbatim from the source Analysis — our legal insight (not a source)

Today's news through the legal prism (5)

Selected for a legal angle. For each: original → fact-check and legal basis → substantive analysis.
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Original article → NBBF Electoral Committee Completes Candidate Screening · The Punch
Original — The Punch
NBBF Electoral Committee Completes Candidate Screening Copy link
The Nigeria Basketball Federation Electoral Committee has finished screening candidates for the October 15 elective congress in Abuja, approving four presidential contenders and disqualifying one over a late submission.
Analysis
If he fails to submit that tax clearance by Monday, the committee statement says he will be disqualified.
The federation is expected to decide on affiliate members by October 14, one day before the congress.

Core issue

The decisive issue is procedural rather than substantive: candidacy now turns on compliance with the Electoral Committee’s pre-congress screening requirements.

  • Ayo Bakare is already excluded from the presidential ballot because his forms were submitted 12 minutes after the stated 2:00 p.m. deadline on October 8.
  • The evidence identifies three operative requirements: timely submission of nomination forms, Igoche Mark’s tax clearance by Monday, and FIBA confirmation for the international representative.
  • No statute provided establishes a Nigerian sports-election appeal mechanism; accordingly, the controlling material here is the committee statement described in the news report.
  • The cited Council Regulation (EC) No 1/2003, Articles 3, 11, 14, 27 and 35, concerns EU competition-law enforcement, not this election.
  • The cited Council Directive 2011/16/EU, Article 31, concerns administrative cooperation in tax matters and jurisdictional elections, not candidate eligibility.

Legal assessment

The committee has already cleared four presidential aspirants: Olumide Oyedeji, Igoche Mark, Mustapha Abdullahi and Ejike Ugboaja.

  • Ayo Bakare’s disqualification follows from a specific filing rule: forms received at 2:12 p.m. missed the 2:00 p.m. deadline by 12 minutes.
  • Ugo Udezue is the only vice-presidential candidate; the evidence therefore indicates no competing contest for that office.
  • Zonal contests remain competitive only in the South-South, North West and South West zones, where two candidates were cleared in each zone.
  • The North East, North Central and South East each have one cleared candidate; in practical terms, the issue there is qualification rather than competition.
  • Igoche Mark’s position remains conditional because the committee gave him until Monday to submit his tax clearance.
  • Affiliate-member status is not for the committee to determine, as the committee states that this is solely the responsibility of the NBBF.
  • The international representative must present a FIBA letter confirming the position before that status can be treated as established.
  • The committee’s institutional authority rests on the Extraordinary Congress in Yola, where 39 of 44 delegates endorsed it.
  • The evidence contains no case law; therefore, no precedent can be applied to the screening decision or the enforcement of the deadline.
  • Council Regulation (EC) No 4/2009, Article 41, governs enforcement of maintenance decisions in another Member State under local enforcement law.

Consequences

For Bakare, the stated practical consequence is exclusion from the presidential contest because the filing deadline was missed.

  • For Mark, the immediate consequence is binary: submit the tax clearance by Monday or lose his cleared status.
  • For the NBBF, the outstanding task is to decide affiliate membership by October 14, because the committee assigned that responsibility to it.
  • For the international representative, ballot access or representative recognition depends on producing a FIBA confirmation letter.
  • For voters and delegates, the final list is material because it will determine which positions are contested and which are effectively uncontested.
  • The presidential race may proceed with four candidates if Mark satisfies the tax-clearance condition.
  • It may proceed with three candidates if he does not, because the committee expressly linked non-submission to disqualification.
  • The vice-presidential race currently has only Udezue; the evidence therefore indicates no contested vice-presidential vote.
  • The next expected document is the final list of qualified candidates, which the committee will publish before the October 15 congress.
Legal basis (3)
• Council Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC) Article 31 (statute)
constituent entity(ies) 3.2.3. Jurisdictional elections (if any) 3.2.3.1. Jurisdictional elections (a) Elections 1. Annual elections a. Aggregate asset gain…
constituent entity(ies) 3.2.3. Jurisdictional elections (if any) 3.2.3.1. Jurisdictional elections (a) Elections 1. Annual elections a. Aggregate asset gain election  b. Immaterial decrease in covered taxes election  c. Election not to apply the substance-based income exclusion  d. Negative tax expense carry-forward  2. Five-year elections 3. Election year 4. Revocation year e. Equity investment inclusion election f. Stock-based compensation election g. Realisation-principle election h. Intra-group transactions election i. Election not to allocate cross-border deferred tax 5. Other elections 6. Election year 7. Revocation year j. Qualifying loss election (b) Information requirements related to jurisdictional elections
• COUNCIL REGULATION (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations Article 76 (statute)
If available and/or relevant. If available and/or relevant. If available and/or relevant. If available and/or relevant. If available and/or relevant. For example, the…
If available and/or relevant. If available and/or relevant. If available and/or relevant. If available and/or relevant. If available and/or relevant. For example, the person with parental responsibility or the guardian of a protected adult. If available. If available. If available. If available. OJ L 7, 10.1.2009, p. 1. Tick the relevant boxes and number the documents in the order in which they are attached. The national law of the requested Member State may, however, require the applicant to provide his/her personal address for the purposes of the proceedings (see Article 57(3) of Regulation (EC) No 4/2009). If available. If available. If available. If available. If available. If available. If available. If more than three persons, attach an additional sheet. For example the person with parental responsibility or the guardian of a protected adult. If available and/or relevant.
• CASE OF VLAHOV v. CROATIA (case_law_comparative)
in accordance with the principles of democratic representation and the democratic exercise of will of its members. (2) The statute of the association regulates its…
in accordance with the principles of democratic representation and the democratic exercise of will of its members. (2) The statute of the association regulates its: purpose; name; seal; scope of activity; logo; bodies; method by which members of these bodies are elected and recalled; powers given to the bodies; procedure for accepting and terminating membership; methods for adopting and amending the statute, internal rules and other regulations; [and] termination of operations....” Judicial protection of membership rights Section 186 “Any member of the association may seek judicial protection in the event of a breach of his or her rights guaranteed by the statute of the association or other internal rules.” Judicial protection of the right to associate Section 187
Original article → The Changing Face of NNPCL · ThisDay
Original — ThisDay
The Changing Face of NNPCL Copy link
Uche Joe Uwaleke argues that NNPC Limited’s 2025 audited financial statements mark another major step in the company’s transformation from a long-perceived opaque national oil institution into a more commercial, transparent, and…
Analysis
Council Directive 2011/16/EU Article 31 permits Member States to allow the use of service providers, but the reporting and due diligence obligations remain the responsibility of Reporting Financial Institutions.
Because this is a Directive, it binds through national transposition rather than applying directly in every Member State as a regulation.

Core issue

The publication alters the evidentiary baseline for assessing NNPC Limited, but the legal materials provided do not, by themselves, make those accounts an EU reporting event. Any legal consequence arising from the evidence depends on status, not on the scale of NNPC Limited’s profit, revenue decline, dividend, or PwC’s unmodified audit opinion. The precise legal question is whether the published financial information brings any person or entity within the reporting, due diligence, procurement, or energy-accounting rules reflected in the evidence. The decisive provisions are Council Directive 2011/16/EU Article 31, Directive 2014/24/EU Article 94, and Directive (EU) 2018/2001 Article 39.

  • Council Directive 2011/16/EU Article 31 concerns reporting and due diligence obligations for Member State Reporting Financial Institutions and Reportable Accounts.
  • Directive 2014/24/EU Article 94 identifies public bodies and institutions relevant to the scope of EU public procurement rules.
  • Directive (EU) 2018/2001 Article 39 provides an accounting formula for electricity generated from offshore wind power.

Legal assessment

The DAC material is the only instrument provided that has a plausible connection to financial information, but its trigger is narrower than audited accounts. It concerns accounts, account holders, controlling persons, reportable persons, and reporting financial institutions, not the general publication of corporate results.

  • Under Council Directive 2011/16/EU Article 31, a Reportable Account is a Financial Account maintained by a Member State Reporting Financial Institution and held by Reportable Persons or certain Passive NFEs.
  • The same provision states that a Reportable Person excludes, among others, a Governmental Entity, International Organisation, Central Bank, Financial Institution, and certain publicly traded entities.
  • Council Directive 2011/16/EU Article 31 also defines an Entity as a legal person or legal arrangement, such as a corporation, partnership, trust, or foundation.

A reporting institution’s obligation is operational and evidence-based. The institution must identify tax residence, classify account holders, and determine controlling persons where the account holder is a Passive NFE.

  • Council Directive 2011/16/EU Article 31 requires a Reporting Financial Institution to obtain a self-certification to establish whether an Account Holder is a Passive NFE, unless it can reasonably determine otherwise from available information.
  • For controlling persons, Council Directive 2011/16/EU Article 31 permits reliance on information collected and maintained under AML/KYC Procedures.
  • The provision defines AML/KYC Procedures as customer due diligence procedures under anti-money-laundering or similar requirements applicable to the Reporting Financial Institution.

The Directive also separates responsibility from outsourcing. The public procurement material does not convert NNPC Limited’s financial performance into an exclusion, award, or procurement status. Directive 2014/24/EU Article 94 lists Lithuanian ministries and institutions, including bodies under the Ministry of Finance, Ministry of Environment, Ministry of Interior, and Ministry of Foreign Affairs. The renewable-energy material is still further removed from the financial-statement issue. Directive (EU) 2018/2001 Article 39 concerns offshore wind electricity accounting by reference to quantities generated, installed capacity, and a reference year. There is no case law in the evidence. No precedent can therefore be applied to the PwC opinion, the 5.8 trillion dividend, or the 7.2 trillion profit after tax.

Consequences

For NNPC Limited, the immediate legal consequence supported by the evidence is limited. The audit opinion strengthens the factual record, but the rules provided do not attach any EU sanction, licensing consequence, market ban, or procurement exclusion to that publication.

  • If an EU Member State Reporting Financial Institution maintains a relevant Financial Account, Council Directive 2011/16/EU Article 31 may require classification, self-certification, AML/KYC-based identification, reporting, and record-keeping.
  • If no such Member State Reporting Financial Institution or Reportable Account is involved, the DAC material does not create a reporting consequence from the published accounts alone.
  • If a procurement process involves bodies listed under Directive 2014/24/EU Article 94, that instrument identifies institutional coverage, but the evidence provides no procurement dispute or exclusion ground.
  • If offshore wind accounting is at issue, Directive (EU) 2018/2001 Article 39 provides an accounting formula, but the news item concerns oil, gas, LNG, and downstream petroleum performance.

The practical audience is therefore analysts, public stakeholders, and any institution required to classify entities or accounts under DAC-based national rules. They may use the audited figures as factual material, but legal duties arise only from the status tests in the cited provisions. The strongest numerical point is evidentiary, not punitive: profit after tax rose from 5.4 trillion in 2024 to 7.2 trillion in 2025, while revenue fell to 34.5 trillion. Those figures may affect commercial assessment, but the supplied law does not attach any fine range, licence withdrawal, forfeiture, procurement exclusion, or market ban to them.

Legal basis (3)
• Council Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC) Article 31 (statute)
Total revenue 2. Profit (loss) before income tax 3. Simplified covered taxes (b) Transitional UTPR safe harbour 1. Corporate income tax rate 2.2.2. Election for de…
Total revenue 2. Profit (loss) before income tax 3. Simplified covered taxes (b) Transitional UTPR safe harbour 1. Corporate income tax rate 2.2.2. Election for de minimis exclusion  Election to apply the de minimis exclusion for the Reporting fiscal year  Simplified calculations for non-material constituent entities – constituent entities that are not non-material constituent entities 1. Revenue (financial accounts) 2. Qualifying revenue 3. Financial accounting net income or loss 4. Qualifying income or loss a. Reporting fiscal year b. 1st preceding fiscal year (if applicable) c. 2nd preceding fiscal year (if applicable) d. Average of the three fiscal years 2.3. MNE group in the initial phase of international activity (if applicable)
• DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Article 94 (statute)
energetikos inspekcija; Valstybinė ne maisto produktų inspekcija; Valstybinis turizmo departamentas. Užsienio reikalų ministerija Diplomatinės atstovybės ir konsulinės…
energetikos inspekcija; Valstybinė ne maisto produktų inspekcija; Valstybinis turizmo departamentas. Užsienio reikalų ministerija Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių organizacijų Vidaus reikalų ministerija Institutions under the Vidaus reikalų ministerija [Ministry of the Interior]: Asmens dokumentų išrašymo centras; Finansinių nusikaltimų tyrimo tarnyba; Gyventojų registro tarnyba; Policijos departamentas; Priešgaisrinės apsaugos ir gelbėjimo departamentas; Turto valdymo ir ūkio departamentas; Vadovybės apsaugos departamentas; Valstybės sienos apsaugos tarnyba; Valstybės tarnybos departamentas; Informatikos ir ryšių departamentas; Migracijos departamentas; Sveikatos priežiūros tarnyba; Bendrasis pagalbos centras.
• Administrative cooperation in the field of taxation (committee_report)
the procedure for conducting administrative inquiries be put on the same footing as the communication of information. The same level of obligation is therefore placed on…
the procedure for conducting administrative inquiries be put on the same footing as the communication of information. The same level of obligation is therefore placed on the requested authority as regards communicating information already available and conducting the administrative inquiries necessary to obtain this information. § In relation to the lifting of banking secrecy, and in order to ensure that the effectiveness of this measure is not restricted by additional requirements, the reference to the residence in the requesting country of the person on whom the information is sought is removed. This is consistent with the standards followed within the OECD. § In order to improve the exchange of information between the different national authorities, it is proposed to monitor cases where the Member States have refused to communicate information or conduct an administrative inquiry.
Original article → Russo-Ukrainian War, Day 1690: US Eases Sanctions on Russian Diesel as EU Prepares Its Largest Package Against Russia’s Defense Industry · Euromaidan Press
Original — Euromaidan Press
Russo-Ukrainian War, Day 1690: US Eases Sanctions on Russian Diesel as EU Prepares Its Largest Package Against Russia’s Defense Industry Copy link
The US decision to ease sanctions on Russian diesel, reportedly tied to Trump, has angered Ukraine and is unlikely to lower fuel prices, experts say, while analysts argue Putin is seeking sanctions relief and avoiding new US penalties…
Analysis
Article 1(1) of Regulation (EU) No 1215/2012 applies to civil and commercial matters, not to revenue, customs, administrative matters, or the exercise of State authority.
The next expected step is the EU decision on the planned package, described as due two days after 2026-10-12, meaning 2026-10-14.

Core issue

Market participants face a divided sanctions position: Russian diesel trade has been reopened by a US Treasury license, while EU restrictions on electronics remain prospective.

  • The precise legal question is whether the EU instruments provided establish a rule permitting or prohibiting trade in Russian diesel or the supply of electronics.
  • The sanctions facts instead concern public-law measures: a US Treasury license and a planned EU sanctions package targeting Russia’s defense industry.
  • The Regulations provided are directly applicable in every Member State, but only within their respective fields.
  • Article 5(1) of Regulation (EU) No 1215/2012 concerns where persons domiciled in a Member State may be sued.
  • Article 52 of Regulation (EU) No 1215/2012 prohibits review of the substance of a Member State judgment in the Member State addressed.
  • None of those provisions determines whether Russian diesel may be sold, imported, or transported following the US license.

Legal assessment

The US Treasury waiver is legally significant because the report states that it clears the sale and import of Russian diesel previously blocked by sanctions.

  • On the evidence provided, the authorized transaction concerns the first 300,000 tonnes of Russian diesel.
  • That quantity matters because the authorization is described as a license, not as a repeal of the underlying sanctions regime.
  • The EU position is different: the package is described as planned for adoption in two days and directed at Russia’s defense industry.
  • The reported target is electronics, but the evidence provides no adopted EU legal text, listed goods, listed parties, penalties, or derogations.
  • Article 35 of Regulation (EU) No 1215/2012 would permit protective measures before a Member State court, even where another Member State has jurisdiction over the substance.
  • That rule would matter only if a civil or commercial dispute arose from contracts, assets, or enforcement connected with these trades.
  • Article 2(a) of Regulation (EU) No 1215/2012 treats judgments as including decisions, orders, writs of execution, and certain protective measures.
  • If such a judgment is later enforced cross-border, Article 52 prevents the enforcing State from re-examining its substance.
  • The evidence contains no sanctions case law, so no precedent can be applied to the diesel license or the planned EU package.

Consequences

For companies trading in diesel, the practical opening is limited to what the US Treasury license actually authorizes.

  • The evidence supports the sale and import of Russian diesel, but not any broader immunity for financing, shipping, insurance, or future cargoes.
  • For Ukraine and EU defense-supply markets, the immediate legal consequence is anticipation of new EU restrictions, not present proof of them.
  • For electronics suppliers, the risk is that a directly applicable EU regulation may soon create binding prohibitions across Member States.
  • The evidence does not support fines, license withdrawal, forfeiture, market bans, or exclusion from public procurement as current consequences.
  • If civil litigation follows, Regulation (EU) No 1215/2012 may govern jurisdiction, recognition, and enforcement, but not sanctions policy itself.
Sources:
Legal basis (3)
• COUNCIL REGULATION (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations Article 70 (statute)
Article 70 Information made available to the public The Member States shall provide within the framework of the European Judicial Network in civil and commercial matters…
Article 70 Information made available to the public The Member States shall provide within the framework of the European Judicial Network in civil and commercial matters established by Decision 2001/470/EC the following information with a view to making it available to the public: (a) a description of the national laws and procedures concerning maintenance obligations; (b) a description of the measures taken to meet the obligations under Article 51; (c) a description of how effective access to justice is guaranteed, as required under Article 44, and (d) a description of national enforcement rules and procedures, including information on any limitations on enforcement, in particular debtor protection rules and limitation or prescription periods. Member States shall keep this information permanently updated.
• COUNCIL REGULATION (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation Article 15 (statute)
Article 15 States with two or more legal systems — inter-personal conflicts of laws In relation to a State which has two or more systems of law or sets of rules…
Article 15 States with two or more legal systems — inter-personal conflicts of laws In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons concerning matters governed by this Regulation, any reference to the law of such a State shall be construed as referring to the legal system determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the spouse or spouses has or have the closest connection applies.
• REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Article 2 (statute)
Article 2 For the purposes of this Regulation: (a) ‘judgment’ means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called…
Article 2 For the purposes of this Regulation: (a) ‘judgment’ means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court. For the purposes of Chapter III, ‘judgment’ includes provisional, including protective, measures ordered by a court or tribunal which by virtue of this Regulation has jurisdiction as to the substance of the matter.
Original article → The New EU Law Forcing Your Smartwatch to Share the Data It Collects About You | TodoAlicante · todoalicante.es
Original — todoalicante.es
The New EU Law Forcing Your Smartwatch to Share the Data It Collects About You | TodoAlicante Copy link
A new EU law aims to end manufacturers' exclusive control over data generated by smart household devices, giving users more power over information collected by connected gadgets such as smartwatches, robot vacuums, and smart TVs.
Analysis
GDPR Article 20(1) grants the data subject the right to data portability in a structured, commonly used, machine-readable format.
New connected products sold across the EU must enable users to access generated data easily, securely, and free of charge.

Core issue

Users of connected devices are now in a stronger position regarding access, because connected-device data is no longer solely a manufacturer-controlled asset.

Legal assessment

The manufacturer’s new obligation is design-based, not merely response-based.

Consequences

The practical effect is greatest where the device manufacturer previously controlled repair information or analytics data.

Legal basis (3)
• Regulation (EU) 2016/679 - General Data Protection Regulation (GDPR) Article 15 (statute)
Article 15 Right of access by the data subject 1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data…
Article 15 Right of access by the data subject 1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
• Regulation (EU) 2016/679 - General Data Protection Regulation (GDPR) Article 23 (statute)
to in points (a) to (e) and (g); (i) the protection of the data subject or the rights and freedoms of others; (j) the enforcement of civil law claims.
to in points (a) to (e) and (g); (i) the protection of the data subject or the rights and freedoms of others; (j) the enforcement of civil law claims.
• Regulation (EU) 2016/679 - General Data Protection Regulation (GDPR) Article 40 (statute)
rights of data subjects pursuant to Articles 77 and 79.
rights of data subjects pursuant to Articles 77 and 79.
Original article → From Tools to Strategy: How Ghanaian MSMEs Can Use AI to Scale · 3News (TV3 / Media General)
Original — 3News (TV3 / Media General)
From Tools to Strategy: How Ghanaian MSMEs Can Use AI to Scale Copy link
Based on a presentation at a WERIse Network master class for members and selected women entrepreneurs, this article argues that AI should not be seen only as a tool for large, well-funded companies. For Ghanaian micro, small, and medium…
Analysis
Article 50(5) requires that this information be provided clearly and distinguishably, at the latest at the time of first interaction or exposure.
Under Article 79(2), where a Member State market surveillance authority has sufficient reason to consider that an AI system presents a risk, it must evaluate compliance with the obligations laid down in the Regulation.

Core issue

Ghanaian MSMEs using AI now face a legal distinction between ordinary productivity use and regulated market-facing use. The article’s recommendations become legally sensitive where AI outputs reach EU users, affect creditworthiness, or create public-facing synthetic content. The precise legal question is whether a Ghanaian undertaking is merely a user of tools or becomes an operator, provider, deployer, importer, or distributor under Article 3 of Regulation (EU) 2024/1689.

  • Regulation (EU) 2024/1689 is a regulation and therefore applies directly in every Member State.
  • Under Article 3, an AI system is a machine-based system that infers outputs such as predictions, content, recommendations, or decisions.
  • A Ghanaian MSME using WhatsApp chatbots, analytics tools, or image generators for business purposes would be a deployer where it uses the system under its authority.
  • If it supplies an AI system for distribution or use on the Union market, Article 3(10) treats that as making the system available on the market.

Legal assessment

The tools discussed in the article fall into several legal categories: customer-engagement chatbots, natural-language analytics, AI accounting tools, visual content generation, and credit-related tools.

  • Article 50(2) requires providers of AI systems that generate synthetic audio, image, video, or text content to ensure that outputs are marked in a machine-readable format and detectable as artificially generated or manipulated.
  • Article 50(4) requires deployers of an AI system that generates or manipulates deep-fake image, audio, or video content to disclose that the content has been artificially generated or manipulated.
  • The same paragraph requires disclosure for AI-generated or manipulated text published to inform the public on matters of public interest, unless human review or editorial control applies and a person holds editorial responsibility.

AI-powered credit scoring is the most acute legal issue in the materials. Annex III, referred to in Article 6(2), lists AI systems used to evaluate the creditworthiness of natural persons or establish their credit score as high-risk, except systems used for detecting financial fraud.

  • High-risk systems must also be designed for human oversight under Article 14(1).
  • Article 14(2) provides that human oversight must aim to prevent or minimise risks to health, safety, or fundamental rights during intended use or reasonably foreseeable misuse.
  • Article 5(1)(a) prohibits AI systems that use subliminal, purposefully manipulative, or deceptive techniques that materially distort decisions and cause, or are likely to cause, significant harm.
  • Article 5(1)(b) also prohibits the exploitation of vulnerabilities linked to age, disability, or social or economic situation where this causes, or is likely to cause, significant harm. Copyright remains a separate constraint on marketing and content generation. Directive 2001/29/EC is a directive and therefore binds Member States through national transposition. Article 4(1) requires Member States to grant authors the exclusive right to authorise or prohibit distribution of the original or copies of their works by sale or otherwise.
  • Article 6(3) of Directive 2001/29/EC defines technological measures as technology designed to prevent or restrict unauthorised acts in respect of protected works.
  • The same provision treats such measures as effective where access control, encryption, scrambling, transformation, or copy-control mechanisms achieve the protection objective.
  • Article 7(2) defines rights-management information as information identifying the work, the rightholder, terms of use, or related numbers and codes.

Consequences

The practical consequence for Ghanaian MSMEs is not that AI adoption is prohibited. Rather, expansion into EU-facing markets requires each tool to be classified by function, role, and output before deployment.

  • For customer chatbots, the firm should treat itself as a deployer and assess whether users must be informed that they are interacting with AI under Article 50.
  • For generated product photographs, videos, or public-interest text, the firm should plan disclosures at first exposure under Articles 50(4) and 50(5).
  • For AI credit scoring involving natural persons, the firm should treat the system as potentially high-risk under Annex III, as referred to in Article 6(2).
  • For marketing assets, the firm should avoid uses that conflict with authors’ distribution rights under Article 4(1) of Directive 2001/29/EC. Regulators also have a route for intervention. Article 79(1) defines the relevant risk by reference to health, safety, or fundamental rights. The next step is practical: before EU market entry or EU-facing publication, the MSME must map which AI tools generate content, which affect credit decisions, and which are merely internal.
Sources:
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)
rights and freedoms of third parties, unless those systems are available for the public to report a criminal offence. 2. Providers of AI systems, including…
rights and freedoms of third parties, unless those systems are available for the public to report a criminal offence. 2. Providers of AI systems, including general-purpose AI systems, generating synthetic audio, image, video or text content, shall ensure that the outputs of the AI system are marked in a machine-readable format and detectable as artificially generated or manipulated. Providers shall ensure their technical solutions are effective, interoperable, robust and reliable as far as this is technically feasible, taking into account the specificities and limitations of various types of content, the costs of implementation and the generally acknowledged state of the art, as may be reflected in relevant technical standards. This obligation shall not apply to the extent the AI systems perform an assistive function for standard editing or do not substantially alter the input data provided by the deployer or the semantics thereof, or where authorised by law to detect, prevent, investigate or prosecute criminal offences.
• 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 3 (statute)
Article 3 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘AI system’ means a machine-based system that is designed to operate with…
Article 3 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘AI system’ means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments; (2) ‘risk’ means the combination of the probability of an occurrence of harm and the severity of that harm; (3) ‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge; (4) ‘deployer’ means a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity; (5) ‘authorised representative’ means a natural or legal person located or established in the Union who has received and accepted a written mandate from a provider of an AI system or a general-purpose AI model to, respectively, perform and carry out on its
• 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)
services, including by police, firefighters and medical aid, as well as of emergency healthcare patient triage systems. 6. Law enforcement, in so far as their use is…
services, including by police, firefighters and medical aid, as well as of emergency healthcare patient triage systems. 6. Law enforcement, in so far as their use is permitted under relevant Union or national law: (a) AI systems intended to be used by or on behalf of law enforcement authorities, or by Union institutions, bodies, offices or agencies in support of law enforcement authorities or on their behalf to assess the risk of a natural person becoming the victim of criminal offences; (b) AI systems intended to be used by or on behalf of law enforcement authorities or by Union institutions, bodies, offices or agencies in support of law enforcement authorities as polygraphs or similar tools; (c) AI systems intended to be used by or on behalf of law enforcement authorities, or by Union institutions, bodies, offices or agencies, in support of law enforcement authorities to evaluate the reliability of evidence in the course of the investigation or prosecution of criminal offences; (d) AI systems intended to be used by law enforcement authorities or on their behalf or by Union institutions, bodies, offices or agencies in support of law enforcement authorities for assessing the risk of a natural person offending or re-offending not solely on the basis of the profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680, or to assess personality traits