European product liability legislation, which has beeen based on the strict liability of manufacturers, is to be amended to adapt to the current context where digital, circular economy and global value chains are increasingly determinant.

The European Commission recently adopted two proposals, in line with the objectives of the White Paper on Artificial Intelligence, which aim to ensure that victims harmed by AI products or services have the same level of protection they would benefit from in any other circumstances.

At issue are:

• the Products Liability Directive, which is revised to make it explicit that injured parties can claim compensation if the damage was caused by AI software or systems;

• The AI Liability Directive, which introduces two main measures: the so-called “presumption of causality”, which exempts victims from having to explain in detail how the damage was caused by a fault or omission; and access to evidence from companies or suppliers when high-risk AI systems are involved.

In both cases, the aim is to adapt the European legal framework to the new reality of digital transformation, ensuring legal certainty for businesses while protecting consumers.

More information here: https://ec.europa.eu/commission/presscorner/detail/pt/ip_22_5807