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ARTICLE · 19 OCTOBER 2022

EU Commission Proposes New Liability Rules On Products And AI

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On 28 September 2022, the European Commission adopted proposals for two directives adapting non-contractual civil liability rules to artificial intelligence.

European UnionTechnology
Benjamin Beck
Benjamin Beck
Anna Lohoff
Anna Lohoff
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On 28 September 2022, the European Commission adopted proposals for two directives adapting non-contractual civil liability rules to artificial intelligence ("AI"). The proposed AI Liability Directive aims at targeted harmonization measures on civil liability for AI among the EU member states. The revised Product Liability Directive proposes adaptations to the producer's no-fault (strict) liability for defective products that have caused damage to health or property or loss or corruption of data.

Under the proposed Product Liability Directive, compensation is available when defective AI causes damage, without the injured person having to prove the manufacturer's fault. Not only hardware manufacturers but also providers of software and digital services that affect a product's function (such as a navigation service in an autonomous vehicle) can be held liable. Further, manufacturers can be held liable for changes they make to products they have already placed on the

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