EU updates product liability regime to include software, Artificial Intelligence

Dec 20, 2023 ·

The European Union has recently updated its product liability regime to include software, artificial intelligence (AI), and digital content. The new regulations aim to ensure that companies are held accountable for any malfunctions or harm caused by their products.

Under the new regulations, EU Member States must ensure that companies are liable for any defects in their products due to defective design or manufacture. This includes software and AI products, as well as digital content such as apps, music, videos and other online services.

Companies must also prove that they have taken appropriate measures to prevent any damage or injury caused by their products. This could include regularly checking for errors or bugs, providing warnings about possible risks, or introducing safeguards to protect users from potential harm.

The changes will also make it easier for consumers to claim compensation if anything goes wrong. Companies must provide a two-year guarantee period during which a consumer can claim a repair, replacement or refund if their product is defective.

The reforms will also help protect vulnerable people, such as children, who may be unaware of the possible risks involved. Companies must now take into account any particular vulnerability of the user when designing their products or services.

Overall, these changes demonstrate the EU's commitment to protecting consumers, while also encouraging innovation within the technology sector. It is hoped that these reforms will ensure that companies are held accountable for any harm caused by their products or services and that consumers are adequately protected.