The existing EU rules on liability for defective products are almost 40 years old and are based on strict liability of manufacturers. However, in the era of the green and digital transformation, it is important to have modern standards that adapt to new technologies such as artificial intelligence (AI). In 2020, the Commission presented the White Paper on AI, where it committed to fostering the uptake of AI and addressing the risks associated with AI. Thus, in September 2022, an AI liability package was presented, which facilitates claims for subjective civil liability for damages and establishes new rules.
The proposed AI Liability Directive comes together with the revision of the Product Liability Directive. Both initiatives seek to adapt liability rules to the green and digital transitions.
- The revised Product Liability Directive seeks to establish fair and predictable rules for both businesses and consumers by modernising liability rules to fit circular economy business models and products in the digital age. It also ensures a level playing field between EU and third country manufacturers, and equalises the treatment of consumers vis-à-vis manufacturers, facilitating access to redress and reducing the burden of proof for victims.
- For its part, the AI Liability Directive intends to form uniform rules on access to information and the reduction of the burden of proof in cases of damage caused by AI systems. To this end, the aim is to harmonise the rules applicable to complaints relating to unlawful behaviour and to simplify the legal process for victims by introducing the presumption of causation in cases of harm caused by AI.