Jurisdiction(s):
European Union

EU Product Liability Directive 2024/2853: software and AI covered; wider defendants; disclosure duties and defect presumptions; AI Act alignment; extended liability to updates; from 9 December 2026

Published on: 31 March 2025

Published by a Law360 reporter

Legal News

Article summary

Directive (EU) 2024/2853 (the EU Product Liability Directive)

Directive (EU) 2024/2853 (the EU Product Liability Directive) revamps the product liability framework established by Council Directive 85/374/EEC (the 1985 Directive), signalling the EU’s resolve to tackle issues arising from the digital economy and new technologies. With digital and AI offerings now widespread, the EU has refreshed its legal benchmarks to safeguard consumers and enhance accountability. Following the European Commission’s withdrawal on 11 February 2025 of a specific AI product liability directive proposal, this regime will operate as the prevailing benchmark for AI-related product liability for the foreseeable future. Liability for defects now extends to digital offerings—software and AI systems included—with updated criteria for determining defectiveness. Manufacturers and other liable actors are responsible under the Directive for damage to protected legal interests arising from a product defect. It preserves the no-fault model introduced in 1985. Accordingly, claimants need not prove negligence; producers of defective goods can be held liable regardless of fault. By easing claimants’ evidential burden and introducing disclosure duties, the...

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