Assess whether modification and own-name distribution: What does the evidence support?
Own-name distribution and substantial modification require provider-duty analysis; procurement alone does not preserve buyer-only status.
The question
In the European Union, an education administrator buys a vendor’s AI tool, substantially modifies it for student placement, and distributes the resulting service under the administrator’s own name. The administrator argues that procurement leaves all provider duties with the vendor. What does the evidence support?
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- Assign only deployer duties because the administrator purchased the software.Purchasing may indicate deployment, but it does not resolve additional provider implications created by modification and own-name distribution.
- Assess whether modification and own-name distribution trigger provider duties. ✓The evidence supports examining Article 25 conditions because substantial modification and own-name market presentation can affect responsibilities.
- Procurement alone preserves the administrator’s buyer-only status.Procurement does not automatically determine status when substantial modification and own-name distribution may affect provider responsibilities.
- The vendor retains every duty because it created the original tool.Original creation does not necessarily eliminate responsibilities arising from substantial modification or distribution under another party’s name.
The trap
For role questions, examine what the organization changes and whose name reaches the market, not merely who purchased the tool. How to remember it
Own-name distribution and substantial modification require provider-duty analysis; procurement alone does not preserve buyer-only status.
How many of these would you get right?
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