Product Liability Update for Consumer Products in the EU

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Product Liability Update for Consumer Products in the EU

The European Commission has proposed a package of reforms to adapt EU product liability rules to the digital age and AI, including a revision of the Product Liability Directive. The revised Directive aims to be complementary to current EU product safety frameworks, such as the General Product Safety Regulation and the recently adopted AI Act.

The updated Product Liability Directive expands the definition of a 'product' to include software, encompassing AI systems as well. This means that claims for damage caused by AI-enabled consumer products and services will now fall under the scope of the PLD. The directive introduces new criteria for determining defectiveness of products, particularly relevant to AI systems, and establishes a rebuttable presumption of defectiveness and causation.

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