Testificate replied: In consumer contexts, terms that try to exclude or limit liability for death or personal injury are especially vulnerable. Under UK law, for example, the Unfair Contract Terms Act 1977 states that a person cannot exclude or restrict liability for death or personal injury resulting from negligence. Similar concerns arise under EU unfair contract terms rules where a trader attempts to impose terms that create a significant imbalance against consumers. The same is true for data protection harm. If a user suffers material or non-material damage because of a GDPR infringement, Article 82 gives them a right to compensation from the controller or processor. A privacy policy cannot remove that statutory right

Testificate replied: Agreed. For data privacy, a Privacy Policy can help satisfy transparency duties, but only if it is specific, clear, timely, and accurate. Under GDPR Article 13, users must be told who the controller is, what data is collected, the purposes and lawful basis for processing, recipients, retention periods, data-subject rights, and other information needed for fair and transparent processing. A generic policy saying “we may collect data to improve safety” would not be enough for facial-image drowsiness monitoring. If IRIS relies on consent, that consent must be freely given, specific, informed, and unambiguous. Consent also cannot be buried inside general terms, especially where the driver has no real choice, such as in an employment, fleet, insurance, or mandatory vehicle-safety context.

Testificate replied: Definitely - user-facing documents also cannot replace the provider’s technical obligations. If IRIS is a high-risk AI system, the EU AI Act requires the system to be accompanied by instructions for use that are concise, complete, correct, clear, relevant, accessible, and comprehensible to deployers. High-risk AI systems must also achieve an appropriate level of accuracy, robustness, and cybersecurity, and the relevant accuracy metrics must be declared in the accompanying instructions for use.