New liability rules: not enough evidence for separate AI rules

The Commission -this Wednesday- published its liability package: a revision of the Product Liability Directive and a new Directive addressing AI liability.  

The EU’s existing liability framework is robust. The fact that the Product Liability Directive has been in force for over 30 years is a sign of its strength, not a weakness – it has functioned very well even in the last decades, accommodating many technological changes. We caution against setting new liability rules that could increase legal uncertainty for all and we call for minor changes to make the existing framework fit for more decades to come.

DIGITALEUROPE’s Director General Cecilia Bonefeld-Dahl said: 

“We understand that emerging technologies such as AI may seem to pose some challenges to the existing liability framework. However, only very minimal updates are needed to reflect decades of technology development. There is not enough evidence to justify major changes– particularly, specific obligations for AI. In fact, there are very few AI lawsuits currently ongoing. 

Liability rules should remain technology neutral, and existing liability rules can be applied to AI and other emerging technologies.”

We invite EU policymakers to carefully consider these new legislative proposals in the spirit of keeping a fair balance between protecting consumers and supporting innovation.