Jurisdiction(s):
European Union

EU product liability for AI and software: Revised Product Liability Directive from 9 December 2026; impact of AILD withdrawal; AI Act compliance; burden of proof, parties in the value chain

Published on: 07 March 2025

Published by a LexisNexis EU Law expert

Legal News

Article summary

The current regime applicable to AI-related products—the EU product liability directive

The governing product liability framework for AI-related products is Directive 85/374/EEC, the EU Product Liability Directive (EU PLD). In addition, claimants may pursue claims based on contractual liability or other forms of non-contractual liability that fall outside the scope of the EU PLD.

Directive (EU) 2024/2853, the revised EU Product Liability Directive (Revised EU PLD), will apply to products first placed on the market or put into service after 9 December 2026. Products placed on the market before that date will remain subject to the existing EU PLD until its repeal takes effect on 9 December 2026.

Under the EU PLD, consumers can obtain redress where they prove a defect in a product, personal damage or property damage (excluding the product itself), and a causal connection between the defect and the damage. The EU PLD imposes strict liability on the product’s manufacturer or the importer. A product is regarded as defective if it fails to provide the level of safety that would be expected of that particular product; when assessing the expected safety, several considerations apply, including its presentation, expected use, and the time it was put into...

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