New EU Liability Proposals on Products and AI (EU)

On 28 September, the European Commission proposed 2 new instruments –

(1) A Directive to update existing rules on the strict liability of manufacturers for defective products (replacing the existing Product Liability Directive dating from 1985).

(2) A new Directive to harmonise national liability rules for artificial intelligence ( AI).

Further information on both instruments is here.

The new Product Liability Directive (PLD) aims (amongst other objectives) to ensure there is always a business in the EU that can be held liable for defective products bought directly from manufacturers outside the EU.

If the new PLD proposal is ratified, the proposal is that Member States would need to bring forward the necessary legislation to transpose and comply with this Directive within twelve months of it coming into force.

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