Product Liability Directive

On 18 November 2024, the Product Liability Directive (the "PLD") was published in the Official Journal of the European Union, marking a significant step in the move towards a new product liability framework within the EU.

The PLD reframes the existing regime in a manner that is markedly favourable to claimants. Some of the key changes being introduced under the PLD, which comes into effect on 9 December 2026, include the following:

• Product: A broader definition of "product" which, for the first time, expressly includes "software". While "software" is not defined in the text of the PLD, the recitals confirm that all forms of software (including software updates and upgrades) are within scope for the PLD regardless of whether it is stored on a device, accessed through a communication network of cloud technologies or supplied in a software-as-a-service (SaaS) model. Under the new framework, companies involved in the production and supply of operating systems,