XAI Gaps Hinder EU Right to Explanation Compliance.

Benjamin Fresz, Elena Dubovitskaya, Marco F. Huber· August 5, 2026 View original

Key takeaways

  • A significant gap exists between XAI capabilities and EU legal requirements for the Right to Explanation.
  • Many current approaches misinterpret legal bases and conflate explanation form with content.
  • The Addressee/Purpose Framework is proposed to guide operationalization of XAI compliance.
  • Bridging this gap is crucial for legal compliance, risk mitigation, and user trust in AI systems.

Who benefits

Financial ServicesHealthcareHuman ResourcesLegalTechAI Development

Summary

This systematic review identifies a significant gap between Explainable AI (XAI) capabilities and the requirements of the EU Right to Explanation, particularly under GDPR and the AI Act. It highlights issues like misinterpreting legal bases and conflating explanation form with content, proposing a framework to bridge this compliance gap.

As algorithms increasingly influence critical decisions in areas like finance, hiring, and healthcare, EU law grants individuals a "Right to Explanation" for automated decisions. However, there's a significant disconnect between what Explainable AI (XAI) can currently deliver and what is legally required to satisfy this right, particularly under the GDPR and the recently finalized AI Act. This gap directly impacts an individual's ability to challenge decisions affecting their lives. A systematic review of recent literature reveals several problematic patterns. Many studies misinterpret the legal basis for explanations, and few adequately address key legal precedents. A common issue is the confusion between the form of an explanation (how it's delivered to the user) and its content (what legal purpose it serves). The researchers propose an "Addressee/Purpose Framework" and a four-phase blueprint to operationalize compliance, identifying critical open research questions necessary to close this technical-legal divide. Without further progress, the Right to Explanation risks remaining a formal obligation without a practical path to implementation.

Why it matters

Professionals developing or deploying AI systems in the EU must understand the legal requirements for explainability to ensure compliance, mitigate legal risks, and build user trust.

How to implement this in your domain

  1. 1Review current AI systems to assess their explainability features against EU legal requirements (GDPR, AI Act).
  2. 2Consult legal experts to correctly interpret the "Right to Explanation" and its implications for AI deployments.
  3. 3Implement the proposed Addressee/Purpose Framework to distinguish between explanation form and content.
  4. 4Invest in interdisciplinary teams (legal, AI engineering, UX) to develop technically feasible and legally compliant XAI solutions.
  5. 5Prioritize research into the identified open questions to advance practical XAI compliance.

Original post by Benjamin Fresz, Elena Dubovitskaya, Marco F. Huber

"arXiv:2608.02699v1 Announce Type: new Abstract: When algorithms make or influence consequential decisions---about loan eligibility, hiring, or healthcare---EU law grants affected individuals a Right to Explanation. Yet whether (and how) Explainable AI (XAI) can satisfy this right…"

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Originally posted by Benjamin Fresz, Elena Dubovitskaya, Marco F. Huber on X · view source

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