EU PLD
EU Product Liability Directive 2024/2853
Modernized product liability framework explicitly covering AI systems and software as products. Shifts burden of proof in complex AI cases, allows disclosure orders for technical documentation, and addresses liability for AI-caused harm including through software updates.
Jurisdiction
European Union
EU
Enacted
Oct 23, 2024
Effective
Dec 9, 2026
Enforcement
National courts in EU member states
Signed October 23, 2024; published in Official Journal November 18, 2024; entered into force December 8, 2024. Member states must transpose by December 9, 2026.
Who Must Comply
Exemptions
Development Risk Defense
high confidenceNo liability if defect could not have been discovered given state of scientific and technical knowledge at time of placing on market
Conditions:
- • Defect not discoverable with state of art at time of release
Safety Provisions
- • AI systems explicitly covered as products
- • Defects include failure to provide updates affecting safety
- • Presumption of defectiveness when defendant fails to disclose evidence
- • Presumption of causation in technically complex cases
- • Disclosure orders for technical documentation
Compliance Timeline
Dec 8, 2024
Directive enters into force
Dec 9, 2026
- • Member state transposition deadline
- • National laws applying the directive take effect
Enforcement
Enforced by
National courts in EU member states
Penalties
Civil liability for damages caused by defective AI products. No maximum limit on damages.
Private Right of Action
Individuals can sue directly without waiting for regulatory action. This significantly increases liability exposure.
Quick Facts
- Binding
- Yes
- Mental Health Focus
- No
- Child Safety Focus
- No
- Algorithmic Scope
- Yes
- Private Action
- Yes
Why It Matters
Creates clear civil liability pathway for AI-caused harm in EU. Companies can be held liable for AI defects including failure to update. Important for AI product risk management.
Recent Developments
Entered into force December 2024. Member states working on transposition. Complements EU AI Act by addressing civil liability for AI-caused harm.
Cite This
APA
European Union. (2024). EU Product Liability Directive 2024/2853. Retrieved from https://nope.net/regs/eu-pld
BibTeX
@misc{eu_pld,
title = {EU Product Liability Directive 2024/2853},
author = {European Union},
year = {2024},
url = {https://nope.net/regs/eu-pld}
} Related Regulations
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