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EU Revised Product Liability Directive 2024/2853 - Liability for AI-Caused Harm

EU Directive 2024/2853 on liability for defective products (the revised Product Liability Directive - rPLD), which entered into force on 9 December 2024…

What EU Revised Product Liability Directive 2024/2853 - Liability for AI-Caused Harm requires

EU Directive 2024/2853 on liability for defective products (the revised Product Liability Directive - rPLD), which entered into force on 9 December 2024 and must be transposed by Member States by 9 December 2026, significantly modernises the EU's product liability framework by explicitly covering software and AI systems as 'products' subject to strict liability - manufacturers and importers of AI systems are strictly liable for damage caused by defective AI systems without the injured person needing to prove fault; the Directive introduces a rebuttable presumption of defectiveness where the manufacturer fails to comply with EU AI Act mandatory safety requirements or fails to cooperate with disclosure obligations; it also introduces a rebuttable presumption of causation where technical complexity makes establishing the causal link excessively difficult for the claimant.

Pillar: AI Governance & Law · Authority: European Commission · Version: 1.0.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024L2853

SHA-256 integrity: 659fb4ecf34c917446a440755da74b946467a7ab476be6e2fee37eeaeb49e425

Primary Citations — 5 traced to source

  • {"title":"Directive (EU) 2024/2853 on Liability for Defective Products (Revised Product Liability Directive - rPLD)","url":"https://eur-lex.europa.eu","relevance":"Primary EU legislation establishing the revised strict product liability framework explicitly covering software and AI systems - the rPLD is the authoritative source for all product liability obligations applicable to AI system manufacturers and importers placing AI products on the EU market"}
  • {"title":"Regulation (EU) 2024/1689 - EU AI Act: Link to rPLD Defectiveness Presumption","url":"https://eur-lex.europa.eu","relevance":"EU AI Act provisions whose violation creates the rPLD rebuttable presumption of defectiveness - compliance with EU AI Act mandatory safety requirements (particularly Chapter III for high-risk AI systems) is the primary mechanism for rebutting rPLD defectiveness presumptions and is therefore directly relevant to product liability risk management"}

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