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European Union

EU law weekly: product liability overhaul, GDPR Lindenapotheke ruling, Platform Work Directive, MiCA updates, Cyber Resilience Act, air quality recast, deforestation extension, trade and COP positions - 17 October 2024

Published on: 17 October 2024

Published by a LexisNexis EU Law expert

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Commercial

Council of the EU adopts directive updating EU product liability rules

The Council of the EU has signed off a directive refreshing the EU’s civil liability regime to reflect technological change and circular economy practices. Key elements include:

An expanded definition of product to cover digital manufacturing files and software;
Potential liability for online platforms where they act as an economic operator for defective goods sold via their service;
A streamlined route to compensation;
Liability attaching to any importer of a product, or the EU-based representative of a non-EU manufacturer, ensuring consumers can obtain redress for harm caused by goods made outside the EU;
Responsibility for the business or individual that repairs or upgrades a product outside the original manufacturer’s control; and
Recognition of cases where an injured consumer faces excessive difficulties in proving a product’s defectiveness or the causal link between its defectiveness and...

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