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

SOURCE 0 - THE FOOTNOTE THAT OUTLIVED ITS REGULATION

The current EU guidance on management verifications under the Common Provisions Regulation defines its own core methodology by citing a 2015 guide written for a regulation no longer in force — without independently re-verifying that the definitions still hold. SOURCE 0 examines what a citation across an expired regulatory boundary does and does not establish.

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

SOURCE 0 - INDEPENDENT EVALUATION IS NOT OPPOSABLE PROOF

The CeSIA-led coalition's call for mandatory independent evaluation of general-purpose AI models correctly identifies who should assess these systems. It leaves open a separate question: once produced, can the evaluation record itself survive adversarial contestation, or does it remain alterable by any party with a later interest in what it says.

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

SOURCE 0 - YOUR OWN AUDIT TRAIL CANNOT PROVE YOUR DILIGENCE

Article 6 of DORA requires financial entities to review and internally audit their ICT risk framework at least once a year. But the "independence" the Regulation demands is segregation within the entity, not independence from it — leaving the only record of diligence in the hands of the party whose diligence is in question.

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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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