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This article explores how algorithmic opacity affects legal enforcement of transparency in automated systems.

Making algorithmic transparency enforceable: sufficient intelligibility, technical evidence, and auditability across the EU and the US

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This article examines legal frameworks for algorithmic transparency in the EU and US, suggesting improvements for accountability and auditability.

This article explores how algorithmic opacity affects legal enforcement of transparency in automated systems.
Comparative legal analysis of EU and US regulations regarding algorithmic opacity.
Examination of landmark cases to illustrate effects on vulnerable groups.
Proposal for an operational standard of 'sufficient intelligibility' to improve accountability.
The EU adopts a preventive, risk-based approach to transparency through Regulation (EU) 2024/1689.
The US framework is fragmented and mostly relies on ex post enforcement mechanisms.
Auditability issues limit effective contestability and disproportionately impact vulnerable groups.

García-Llorente et al. (2026) studied this question.

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This article examines legal frameworks for algorithmic transparency in the EU and US, suggesting improvements for accountability and auditability.