Artificial Intelligence

EU Directive 2024/2853 Of The European Parliment and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC

  • 1.  EU Directive 2024/2853 Of The European Parliment and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC

    Posted Dec 09, 2024 05:36:00 AM
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    Hi All,

    The new Product Liability Directive updates and adapts the EU's liability rules for new technologies, ensuring better protection for victims and greater legal certainty for economic operators.

    The Product Liability Directive ensures that victims can claim compensation from manufacturers when they suffer damage caused by a defective product.

    This directive is based on 2 main principles

    the manufacturer has to compensate the damage caused by a defective product of theirs
    the victim has to prove the product's defectiveness, the damage that was caused and establish that this defectiveness was the cause of the damage

    PLD's rules specifically clarify that all types of software are covered by the new directive, including applications, operating systems and AI-systems. 

    Manufacturers can be held liable for any defect that existed at the moment their software or AI-system was released. This includes defects that became apparent after their release, as a result of updates, upgrades or a machine-learning feature. 



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    Michael Roza CPA, CISA, CIA, CC, CCSKv5, CCZTv1, MBA, EMBA, CSA
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