# Recital (78)

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.
for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation 
(EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 15).

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/78