ePrivacy Regulation And AI Liability Directive Potentially Shelved

On 11 February 2025, the European Commission (the "Commission") published its 2025 work programme, announcing plans to withdraw a number of legislative proposals. Of particular note is the proposed withdrawal of the ePrivacy Regulation and the AI Liability Directive which may receive mixed reactions across the industry.

AI Liability Directive ("AILD")

The goal of the AILD is to harmonise non-contractual civil liability rules for damage caused by AI systems, in order to make it easier for end-users of AI systems who have suffered damage to bring claims. The potential withdrawal of this directive perhaps reflects the Commission's awareness of the ever-expanding regulatory burden faced by companies, including the updated Product Liability Directive (which will apply to software products, including AI) from late 2026. The Commission will now assess whether another proposal should be made, or an alternative approach taken, with a key consideration being whether