How should AI decisions be explained? Requirements for Explanations from the Perspective of European Law
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Abstract (arXiv)
This paper investigates the relationship between law and eXplainable Artificial Intelligence (XAI). While there is much discussion about the AI Act, for which the trilogue of the European Parliament, Council and Commission recently concluded, other areas of law seem underexplored. This paper focuses on European (and in part German) law, although with international concepts and regulations such as fiduciary plausibility checks, the General Data Protection Regulation (GDPR), and product safety and liability. Based on XAI-taxonomies, requirements for XAI-methods are derived from each of the legal bases, resulting in the conclusion that each legal basis requires different XAI properties and that the current state of the art does not fulfill these to full satisfaction, especially regarding the correctness (sometimes called fidelity) and confidence estimates of XAI-methods. Published in the Proceedings of the AAAI/ACM Conference on AI, Ethics, and Society https://doi.org/10.1609/aies.v7i1.31648 .
Key facts. Cited by 10 papers in the map (data through 7 Oct 2026). Builds on 20 of its 43 references that are in the map. First posted on arXiv 19 Apr 2024.
Builds on
20 of 43 references.
References · 20
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- 2019Sanity Checks for Saliency Metricscited by 119
8 more
- 2017Explainable AI: Beware of Inmates Running the Asylum Or: How I Learnt to Stop Worrying and Love the Social and Behavioural Sciencescited by 84
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- 2018Interpretable to Whom? A Role-based Model for Analyzing Interpretable Machine Learning Systemscited by 47
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Built on by
Citing papers per year: 2024: 1; 2025: 5; 2026: 4.
10 papers.
- 2025Bridging the Gap in XAI-Why Reliable Metrics Matter for Explainability and Compliancecited by 6
- 2026Explanation Multiplicity in SHAP: Characterization and Assessmentcited by 5
- 2025SHAP-based Explanations are Sensitive to Feature Representationcited by 4
- 2025NomicLaw: Emergent Trust and Strategic Argumentation in LLMs During Collaborative Law-Makingcited by 4
- 2024The Contribution of XAI for the Safe Development and Certification of AI: An Expert-Based Analysiscited by 2
- 2025Engineering the Law-Machine Learning Translation Problem: Developing Legally Aligned Modelscited by 2
- 2026Assessing Model-Agnostic XAI Methods against EU AI Act Explainability Requirementscited by 1
- 2026An End-to-End Decision-Aware Multi-Scale Attention-Based Model for Explainable Autonomous Drivingcited by 1
- 2025WebXAII: an open-source web framework to study human-XAI interactioncited by 0
- 2026Explainable AI for the EU Right to Explanation: A Systematic Review of the Law-XAI Translation Gapcited by 0
- 2026Explainable AI for the EU Right to Explanation: A Systematic Review of the Law-XAI Translation Gap3 Aug 2026
- 2026An End-to-End Decision-Aware Multi-Scale Attention-Based Model for Explainable Autonomous Driving30 Apr 2026
- 2026Assessing Model-Agnostic XAI Methods against EU AI Act Explainability Requirements19 Mar 2026
- 2026Explanation Multiplicity in SHAP: Characterization and Assessment19 Jan 2026
- 2025NomicLaw: Emergent Trust and Strategic Argumentation in LLMs During Collaborative Law-Making7 Aug 2025
- 2025WebXAII: an open-source web framework to study human-XAI interaction16 May 2025
- 2025SHAP-based Explanations are Sensitive to Feature Representation13 May 2025
- 2025Engineering the Law-Machine Learning Translation Problem: Developing Legally Aligned Models23 Apr 2025
- 2025Bridging the Gap in XAI-Why Reliable Metrics Matter for Explainability and Compliance7 Feb 2025
- 2024The Contribution of XAI for the Safe Development and Certification of AI: An Expert-Based Analysis22 Jul 2024