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Scoring, assurance and conclusions

Gamut separates three questions:

  1. Applicability — does the legal requirement apply?
  2. Compliance answer — is it met?
  3. Assurance depth — how strongly is that answer demonstrated?

Combining these into one percentage would hide important differences.

AnswerMeaning
CompliantThe applicable obligation is implemented for the assessed system and role
Non-compliantThe obligation is absent, incomplete, ineffective or contradicted
N/AThe trigger does not apply and a governed non-applicability decision is complete
UnassessedNo conclusion has yet been made

“Compliant” is not automatically “Assured.”

DepthLabelRequired interpretation
3AssuredImplemented and current, accepted evidence, effective testing, no unresolved adverse finding
2Supported/PartialRelevant implementation evidence exists, but testing, coverage or closure is incomplete
1AssertedClaimed but weakly evidenced or untested
0GapAbsent, ineffective, contradicted or materially misleading

A deployer policy says human oversight is required, but no authority matrix, training record or operation test exists:

  • Legal answer may be Compliant only if the assessor can support implementation.
  • Assurance cannot exceed Asserted merely because a policy exists.
  • If practice does not follow the policy, the answer is Non-compliant / Gap.

Category compliance is coverage-inclusive:

compliant applicable atomic items
───────────────────────────────── × 100
all applicable atomic items

Unassessed applicable items remain in the denominator. This prevents a high result from being created by answering only favourable items.

Approved N/A items are excluded from the applicable population. Unsupported N/A items are not.

Assurance reflects the depth of the applicable atomic items. Always display it alongside:

  • Assessment coverage.
  • Evidence acceptance.
  • Passing and failed tests.
  • Open findings.
  • Article 5 status.
  • Current versus future legal status.

Do not interpret a category average as permission to ignore one failed statutory obligation.

A valid N/A requires:

  • Trigger-specific factual rationale of at least 80 characters.
  • Exact legal basis.
  • Evidence references.
  • Decision owner.
  • Independent approver.
  • Approval date.
  • Review or reassessment trigger.

Good:

Article 50(4) deepfake disclosure is not applicable because the deployed system only produces internal text summaries, cannot generate or manipulate image, audio or video content, and this is enforced by the approved model endpoint and content-type controls. Reassess if multimedia generation is enabled.

Weak:

Not relevant to our use case.

A confirmed prohibited practice, or unresolved potential prohibited practice, blocks confirmation. It cannot be averaged away.

For confirmation, an applicable in-force atomic item must be:

  • Compliant at depth 3; or
  • Supported by an approved N/A decision.

Depth 3 additionally requires:

  • Accepted/reviewed evidence linked to the item and system.
  • Passing scoped testing.
  • No failed test.
  • No unresolved adverse finding.

If any condition is missing, Gamut returns an incomplete-assurance outcome rather than an optimistic confirmation.

AI Assist and human reporting may use these evidence-aware positions:

PositionMeaning
assured_compliantApplicable obligation is demonstrated at the full assurance gate
supported_partialMaterial support exists but assurance is incomplete
asserted_unverifiedClaim exists without sufficient verification
gapRequirement is absent, ineffective or contradicted
not_applicable_pending_approvalN/A appears plausible but governance approval is incomplete
future_readinessWork relates to a provision not yet used as current binding law
insufficient_informationFacts do not support a responsible determination
potential_prohibited_practiceArticle 5 concern requires immediate human/legal resolution

These are not certification labels.

Current-law versus future-readiness conclusion

Section titled “Current-law versus future-readiness conclusion”

The conclusion should have two explicit parts:

Uses provisions in force as of the snapshot and states:

  • Scope and roles.
  • Applicable routes.
  • Assured compliant items.
  • Current gaps.
  • Limitations and residual risk.
  • Article 5 status.

States:

  • Applicable future obligations.
  • Expected application dates.
  • Implementation and evidence gaps.
  • Planned completion.
  • Any dependence on proposed but unadopted changes.

Never call a future item a current breach, or a proposed date binding.

ConfidenceTypical basis
LowMaterial scope, role, classification, evidence or legal uncertainty remains
MediumMain routes and implementation are supported, but some operating periods or edge cases remain incomplete
HighCurrent facts, roles, evidence, testing and adverse signals have been independently challenged

Confidence does not change the legal route. Low confidence normally calls for more conservative governance.

Record:

  • Open non-compliance.
  • Limitations in evidence or testing.
  • Reliance on suppliers or representatives.
  • Affected persons and consequence.
  • Interim safeguards.
  • Deployment restrictions.
  • Risk owner and acceptance authority.
  • Expiry conditions.

Risk acceptance does not turn a legal gap into compliance.

Prefer:

“As of 16 July 2026, the named system has no identified Article 5 hard stop. The applicable in-force items listed in the report meet Gamut’s depth-3 assurance gate, subject to the stated scope, legal assumptions, evidence period and reassessment triggers.”

Avoid:

  • “EU certified.”
  • “100% legally compliant forever.”
  • “Low risk, so the Act does not apply.”
  • “The vendor is compliant, therefore we are compliant.”
  • “All future obligations are already legally in force.”

A percentage cannot by itself reveal:

  • A prohibited practice.
  • One failed high-risk obligation.
  • A false N/A.
  • A failed test.
  • An unresolved serious incident.
  • A future obligation included as current.
  • A provider duty reported against the wrong entity.

Use scores for navigation and progress; use the complete record for the conclusion.