Inferential Capability Does Not Determine Legal Scope

Two instruments of EU digital law place inference at their centre and mean different things by it. Article 3(1) of the AI Act uses the capability to infer constitutively: it is the central feature separating the regulated category from conventional software. The GDPR never defines inference, yet governs it protectively: the consequences follow from the processing of personal data and from what the inference says about, or does to, a person, whether or not the technology that produced it qualifies as an AI system. The two perimeters are not concentric. Their non-coincidence remained invisible in single-shot systems; agentic architectures make it operationally acute. The thesis: inferential...

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