Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 01 OCTOBER 2024

The Artificial Intelligence Liability Directive – Time To Catch Up

McCann FitzGerald LLP
McCann FitzGerald LLP
Contributor
McCann FitzGerald LLP

McCann FitzGerald LLP

McCann FitzGerald LLP’s London office acts for Irish, UK and international clients on Irish law...

View firm profile
Explore more from McCann FitzGerald LLP

The AI Act has introduced a number of obligations for AI systems, and the New Product Liability Directive (the "PLD") will set out liability rules for defective software and, by extension, AI products.

IrelandTechnology
Doug McMahon
Doug McMahon

The AI Act has introduced a number of obligations for AI systems, and the New Product Liability Directive (the "PLD") will set out liability rules for defective software and, by extension, AI products. In September 2022, the EU Commission also issued a proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence ("AILD").

The AILD is intended to introduce additional liability rules for AI risks and will lay down common rules on (i) disclosure of evidence for high-risk AI systems; and (ii) the burden of proof in the case of non-contractual fault-based claims for damages caused by an AI system. The AILD will simplify the process for individuals seeking compensation for damages caused by AI systems. At the time the AILD was published, the European Parliament requested a complementary impact assessment of the AILD be undertaken. This impact assessment (the "Impact Assessment") was published on 19 September 2024 by the European

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Time Running Out As AI Transparency Guidelines Published

The European Commission has published comprehensive guidelines on AI transparency obligations under Article 50 of the EU AI Act, with enforcement beginning August 2, 2026. These guidelines establish how organizations must disclose AI systems, mark synthetic content, label deepfakes, and demonstrate compliance, with significant penalties for non-compliance reaching up to €15 million or 3% of global turnover.
IrelandTechnology
William Fry LLP
William Fry LLP
Article

EU Commission Publishes Cybersecurity And AI Action Plan

The European Commission has published an Action Plan addressing the dual-edged nature of frontier artificial intelligence models in cybersecurity, outlining how the EU will harness AI's defensive capabilities while protecting against AI-powered cyber threats. Through nine key actions spanning 2026-2027, the plan establishes frameworks for safe AI evaluation, structured access to advanced AI capabilities, and the scaling of European sovereign AI cybersecurity solutions across critical infrastructure sectors.
European UnionTechnology
Matheson
Matheson
Article

Ireland's Domestic AI Legislation Comes Into Force

Ireland has established the AI Office as its central coordinating authority under the EU AI Act, introducing a comprehensive regulatory framework that includes sector-based supervision, enforcement powers, and administrative fines reaching up to €35 million. The new legislation empowers market surveillance authorities like the Central Bank and Data Protection Commission to oversee AI compliance while creating a regulatory sandbox to foster innovation within legal boundaries.
IrelandTechnology
Arthur Cox
Arthur Cox
Article

CJEU Clarifies The Limits Of The Hosting Safe Harbour For Online Platforms

The Court of Justice of the European Union has delivered landmark judgments that fundamentally reshape how online platforms can claim immunity from liability for user-generated content. These decisions establish that algorithmic content distribution and commercial partnerships with creators may strip platforms of their safe harbour protections, forcing a reassessment of how social media companies, video-sharing services, and digital marketplaces structure their operations and revenue models.
IrelandTechnology
Matheson
Matheson
Article

Irish Government Publishes The Regulation Of Artificial Intelligence Bill 2026

The Irish Government has published the Regulation of Artificial Intelligence Bill 2026, establishing Ireland's framework for implementing the EU AI Act. This landmark legislation creates the AI Office of Ireland as an independent statutory entity and designates existing sectoral authorities to oversee AI regulation within their domains. The Bill introduces a comprehensive administrative sanctions regime and enforcement toolkit while reflecting Ireland's National Digital and AI Strategy.
IrelandTechnology
Matheson
Matheson
Article

Cyber Resilience Act: New Vulnerability Reporting Requirements Now In Force

The EU Cyber Resilience Act introduces mandatory reporting obligations for manufacturers of digital products, requiring them to notify authorities within 24 hours of discovering actively exploited vulnerabilities or severe security incidents. This regulation establishes strict timelines for early warnings, detailed vulnerability notifications, and final reports, fundamentally changing how manufacturers must respond to cybersecurity threats.
IrelandTechnology
Browne Jacobson LLP
Browne Jacobson LLP
Article

Gatekeeping Justice: What 153 Supreme Court Determinations In 2025 Tell Us About Likely Trends For 2026

This article examines the Supreme Court's evolving role following Ireland's 2014 constitutional amendment, analyzing how the establishment of the Court of Appeal transformed the Supreme Court into a specialized tribunal for cases of exceptional public importance. Through a comprehensive review of 153 determinations made in 2025, the analysis explores the criteria for securing leave to appeal and identifies emerging trends in the application of the "Karshan factor" for leapfrog appeals.
IrelandLitigation, Mediation & Arbitration
McCann FitzGerald LLP
McCann FitzGerald LLP