Feedback on Adapting Liability Rules to the Digital Age and Artificial Intelligence

The European Commission recently announced a call for feedback on its proposals to adapt product liability rules to the digital age. The EU’s existing liability framework consists of the product liability directive (PLD), complemented by national liability rules. The Commission is concerned that new emerging technologies like artificial intelligence (AI) present challenges to the PLD and plans to revise the product liability framework. This is part of the Commission’s strategy to develop an ecosystem of trust around AI (along with the proposed AI Artificial Intelligence Act, and revised safety legislation such as the Machinery Regulation and General Product Safety Directive).

The Center for Data Innovation is pleased to have submitted initial comments on the Commission’s plans. The proposal to modify and expand the PLD to account for digital technologies such as AI needs to be carefully weighed against the risk of unintended and unwelcome effects on the cost and availability of product insurance, and its consequent impacts on technological innovation and consumer welfare in Europe.