SOVEREIGN DIGITAL REGULATION Jean-François ELSEN SOVEREIGN DIGITAL REGULATION Jean-François ELSEN

SOURCE 0 - THE DMA PROOF STANDARD

A gatekeeper designation ruling and a pending interoperability dispute are frequently treated as the same question. They are not. One determines who the Digital Markets Act applies to; the other determines what standard of evidence a regulator will accept once it does. This article examines the distinction the European Commission has already drawn, and the structural parallel it carries for pre-execution evidentiary architecture.

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PROBATIVE OPPOSABILITY Jean-François ELSEN PROBATIVE OPPOSABILITY Jean-François ELSEN

SOURCE 0 - DIGITAL DEPENDENCY AND THE PROOF GAP

Financial risk assessments of cloud concentration measure dependency as an operational and strategic exposure. They do not measure it as an evidentiary exposure. When an organization's proof infrastructure resides within the same perimeter as its operational infrastructure, proof collapse occurs the moment evidentiary circularity meets adversarial scrutiny. This article identifies the structural condition — S ∩ C = ∅ — that financial risk frameworks do not yet incorporate.

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