---
authoritative: false
representation: annotated-page
publisher: AstroKube
methodology: https://ai-act.astrokube.com/about/
source_verified_on: '2026-09-15'
site_content_updated_on: '2026-09-15'
title: Recital 78 | EU AI Act | AstroKube
description: 'Recital 78, EU AI Act: The conformity assessment procedure provided by this Regulation should apply in relation to the essential cybersecurity requirements…'
language: en
source: https://ai-act.astrokube.com/law/recital-78/
---

1.  [Start](https://ai-act.astrokube.com/)
2.  [The law](https://ai-act.astrokube.com/law/)
3.  Recital 78

# Recital 78

This is a recital of the 2024 act: interpretive context for the operative articles, not operative law itself.

▼ Primary text, verbatim. Our annotations appear below, visibly separated.

The conformity assessment procedure provided by this Regulation should apply in relation to the essential cybersecurity requirements of a product with digital elements covered by a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and classified as a high-risk AI system under this Regulation. However, this rule should not result in reducing the necessary level of assurance for critical products with digital elements covered by a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements. Therefore, by way of derogation from this rule, high-risk AI systems that fall within the scope of this Regulation and are also qualified as important and critical products with digital elements pursuant to a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and to which the conformity assessment procedure based on internal control set out in an annex to this Regulation applies, are subject to the conformity assessment provisions of a regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements insofar as the essential cybersecurity requirements of that regulation are concerned. In this case, for all the other aspects covered by this Regulation the respective provisions on conformity assessment based on internal control set out in an annex to this Regulation should apply. Building on the knowledge and expertise of ENISA on the cybersecurity policy and tasks assigned to ENISA under the Regulation (EU) 2019/881 of the European Parliament and of the Council (37), the Commission should cooperate with ENISA on issues related to cybersecurity of AI systems.

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex.

## If you would rather not read the law

The basics page explains the Regulation's own categories in order: scope, role, tier, date. The engineering view groups the obligations by the platform capability they demand.

[Start with the basics →](https://ai-act.astrokube.com/basics/) [Open the engineering view →](https://ai-act.astrokube.com/engineering/)

## About this provision

### Type

Recital

### Amended by

Not amended

### Cited capture

regulation-2024-1689/en-2026-08-18.html sha256 8f0b656302f9864c…

[Authentic text (EUR-Lex) →](http://data.europa.eu/eli/reg/2024/1689/oj) [This version (EUR-Lex) →](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689)

### Machine readable

[/law/recital-78.md](https://ai-act.astrokube.com/law/recital-78.md) [/api/law.json](https://ai-act.astrokube.com/api/law.json)

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