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SSRN: Wu says EU product and rights rules misfit companion AI mental-health harms

In an October 12, 2026 SSRN preprint, Hong Wu argues that companion AI used for mental-health support creates relational and emotional harms poorly addressed by the EU's dual rights-based and product-based stack spanning the AI Act, MDR, GDPR, DSA and revised Product Liability Directive.

Paper (SSRN) →

Key points

  • Wu distinguishes four legally distinct types of companion AI, only the first of which is a medical device.SSRN
  • She identifies three mismatches and proposes a relational duty of care, with the application operator as its primary bearer.SSRN
  • Wu cites recent suicide cases that pushed companion AI risks into EU digital governance.SSRN
  • Wu argues EU rights and product rules poorly fit relational and emotional companion-AI harms.SSRN
  • The analysis spans the AI Act, MDR, GDPR, DSA and revised Product Liability Directive.SSRN

Sources1 article across 1 outlet

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ResearchEUEU AI ActData protectionHealthcareRegulatoryTechnologyFor practitionersFor governance