Adapting liability rules to the digital age and artificial intelligence – BusinessEurope comments on the public consultation

Key messages

• BusinessEurope generally finds that the Product Liability Directive 85/374/EEC (PLD) establishes a future-proof, technology-neutral and flexible framework for product liability.
• Physical products should remain the basis for the application of the Directive and clarity on the coverage of embedded software could be enhanced through clearer guidance.
• The PLD should remain technology neutral and be consistent with the proposed Artificial Intelligence Act.
• The EU legal framework on product safety establishes sufficient rules to ensure consumer protection as regards products bought online.
• Only physical and property damage should continue to be covered under the Product Liability framework.
• We support the concept of “substantial modification”, in which case the responsibility for the safety of the product or part of a product, shifts to the economic operator making the modification.
• The PLD should maintain its balanced liability framework between the consumers and manufacturers.
• The need to introduce separate and new liability rules for AI should rely on solid evidence and be limited to specific and high-risk use-cases, to avoid creating unnecessary overlaps and stifling innovation.