Why External AI Reasoning Breaks Articles 12 and 61 by Default (www.aivojournal.org)

A recent analysis highlights a critical compliance gap for enterprises under the EU AI Act, emphasizing that organizations must prepare for external AI reasoning impacting decision-making. As the legislation redefines accountability—not just for owned AI systems but for any AI influence on regulated decisions—the reliance on unlogged or untraceable AI outputs presents significant evidentiary challenges. Articles 12 and 61 mandate traceability and risk monitoring, yet many organizations may not be equipped to demonstrate compliance if questioned about AI-generated decisions. To address this issue, a new probability-based diagnostic framework has been introduced. It assesses the likelihood of encountering situations where external AI reasoning affects organizational decisions, focusing on factors such as exposure frequency and narrative ambiguity. By identifying these vulnerabilities early, organizations can better navigate compliance obligations and mitigate the risks associated with reliance on external AI. This approach shifts the focus from merely ensuring accuracy of AI outputs to maintaining the ability to trace and document decisions influenced by AI, highlighting a pressing governance gap for businesses operating in high-stakes environments.