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

SOURCE 0 - THE GENERATION DATE ONLY THE GENERATOR CAN CLAIM

The Commission's Article 50 Guidelines confirm that AI-generated content produced before 2 August 2026 escapes retroactive marking — unless published afterward, when the full obligation returns. This article sets out why the generation date at the centre of that rule is a claim, not a fact, and what an independent seal would add.

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AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - WHAT ARTICLE 50 REQUIRES YOU TO DISCLOSE

Article 50 of the AI Act does not impose one transparency duty but four, each attached to a different system function and a different actor. This article sets out the content of each obligation, independent of the separate question of how disclosure is proven, and states the current position of the Digital Omnibus deferral as of 13 July 2026.

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AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE ARTICLE 50 DISCLOSURE GAP

Article 50 of the AI Act requires disclosure that a person is interacting with an AI system. It does not require proof that the disclosure preceded the interaction. This article states the current status of the Digital Omnibus on AI as of 12 July 2026 and sets out the pre-execution attestation mechanism that closes the resulting evidentiary gap.

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EVIDENTIARY GOVERNANCE Jean-François ELSEN EVIDENTIARY GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE AI OMNIBUS AND THE PROOF GAP

The Digital Omnibus on AI defers the enforcement of high-risk obligations but leaves evidentiary exposure unchanged. When a system acts before the deferred deadlines, the governance state operative at T-0 remains the central question in civil, insurance, and contractual proceedings. The postponement affects regulatory temporality, not the requirement to hold an independently fixed, opposable governance record. The proof gap persists throughout the deferral window, closed only by a pre-execution cryptographic attestation architecture such as SOURCE 0.

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