Article 8 - High-risk AI systems
1. Products with digital elements classified as high-risk AI systems in accordance with Article [Article 6] of Regulation [the AI Regulation] which fall within the scope of this Regulation, and fulfil the essential requirements set out in Section 1 of Annex I of this Regulation, and where the processes put in place by the manufacturer are compliant with the essential requirements set out in Section 2 of Annex I, shall be deemed in compliance with the requirements related to cybersecurity set out in Article [Article 15] of Regulation [the AI Regulation], without prejudice to the other requirements related to accuracy and robustness included in the aforementioned Article, and in so far as the achievement of the level of protection required by those requirements is demonstrated by the EU declaration of conformity issued under this Regulation.
2. For the products and cybersecurity requirements referred to in paragraph 1, the relevant conformity assessment procedure as required by Article [Article 43] of Regulation [AI Regulation] shall apply. For the purpose of that assessment, notified bodies which are entitled to control the conformity of the high-risk AI systems under the Regulation [AI Regulation] shall be also entitled to control the conformity of the high-risk AI systems within the scope of this Regulation with the requirements set out in Annex I to this Regulation, provided that the compliance of those notified bodies with the requirements laid down in Article 29 of this Regulation have been assessed in the context of the notification procedure under Regulation [AI Regulation].
3. By derogation from paragraph 2, critical products with digital elements listed in Annex III of this Regulation, which have to apply the conformity assessment procedures referred to in Articles 24(2)(a), 24(2)(b), 24(3)(a) and 24(3)(b) under this Regulation and which are also classified as high-risk AI systems according to Article [Article 6] of the Regulation [AI Regulation] and to which the conformity assessment procedure based on internal control referred to in Annex [Annex VI] to Regulation [the AI Regulation] applies, shall be subject to the conformity assessment procedures as required by this Regulation in so far as the essential requirements of this Regulation are concerned.
Cyber Resilience Act Text 15.9.2022
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