AI Regulation Update: New EU Product Liability Directive Approved by Commission (via )
Summary
While the future of the former is unclear, the latter was approved by the Commission on 10 October, clearing the way for the new EU Directive on Liability for Defective Products (or “new PLD”) to be signed and published in the Official Journal. Digital products, including software and AI, are now in-scope and changes to the rules around evidence and burden of proof should make it easier for individuals to claim compensation. Economic operators are quite a wide group – they include manufacturers of products or components (which are items/services integrated into, or interconnected with, a product) but can also cover providers of a related service, authorised representatives, importers, distributors and fulfilment service providers. • Modifications: if a product is repaired or upgraded outside the original manufacturer’s control, the party that modified it should be held liable. This includes where the manufacturer fails to provide evidence, and where it is likely the default or causal link applies but the claimant faces “excessive difficulties” in proving it (for example due to technical complexity).