The Product Liability Directive (EU) 2024/2853 modernises the EU’s strict-liability regime for defective products, replacing the 1985 framework to reflect new technologies, notably artificial intelligence and software-based systems. It introduces an expanded notion of “product” covering software, digital manufacturing files and data-driven components, while expressly excluding free and open-source software supplied outside commercial activity. The Directive maintains the principle of no-fault liability for manufacturers, importers, authorised representatives and certain online platforms, but revises core definitions, damages, and evidentiary rules to meet challenges posed by complex AI-enabled products. It explicitly recognises risks related to systems that “continue to learn,” cybersecurity deficiencies, and opacity in automated decision processes. Key innovations include presumptions of defect or causation where technical complexity, data loss, or non-disclosure of evidence prevent proof; compensation for destruction or corruption of data used for non-professional purposes; and an obligation for Member States to facilitate access to evidence held by manufacturers. The Directive applies to products placed on the market or put into service after 9 December 2026. Together with the AI Act and Cyber Resilience Act, it anchors the Union’s digital-governance architecture, providing the ex post liability pillar for AI and software-based products.
Full name (additional link): Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC (Text with EEA relevance)