Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive)

Summary:

Legislative initiative tabled by the European Commission on 28 September 2022, aiming to introduce a targeted harmonisation of national liability rules for artificial intelligence (AI). This is a text with EEA relevance.

Further information:

The purpose of the AI Liability Directive is to lay down uniform rules for access to information and alleviation of the burden of proof in relation to damages caused by AI systems, establishing broader protection for victims, and fostering the AI sector by increasing guarantees. It aims to harmonise rules for claims outside of the scope of the Product Liability Directive, in cases in which damage is caused due to wrongful behaviour.

The draft Directive aims to simplify the legal process for victims when it comes to proving that someone's fault led to damage. These rules seek to strike a balance between protecting consumers and fostering innovation, removing additional barriers for victims to access compensation, while laying down guarantees for the AI sector.

The proposal was adopted by the European Commission on 28 September 2022.

• Primary Source

News

EurActiv, 15/09/2022: Commission to propose rebuttable presumption for AI-related damages https://www.euractiv.com/section/digital/news/leak-commission-to-propose-rebuttable-presumption-for-ai-related-damages/

Euronews, 28/09/2022: EU proposes rules to make it easier to sue makers of AI systems and drones https://www.euronews.com/my-europe/2022/09/28/eu-proposes-rules-to-make-it-easier-to-sue-makers-of-ai-systems-and-drones

Reuters, 28/09/2022: EU draft rules to make it easier to sue drone makers, AI systems https://www.reuters.com/technology/eu-draft-rules-make-it-easier-sue-drone-makers-ai-systems-2022-09-27/

Politico, 28/09/2022: Robo-cop: EU wants firms to be held liable for harm done by AI https://www.politico.eu/article/artificial-intelligence-european-commission-ai-liability-directive/

BBC News, 28/09/2022: EU Commission to make it easier to sue over AI products https://www.bbc.co.uk/news/technology-63033084

EUObserver, 28/09/2022: New EU rules to make companies liable for their AI failures https://euobserver.com/digital/156170

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Official

EUR-LEX: SWD(2022)318: Staff Working Document accompanying the Proposal - AI Subsidiarity Grid https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:318:FIN

EUR-LEX: SWD(2022)319: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:319:FIN

EUR-LEX: SWD(2022)320: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:320:FIN

European Commission: Policies: A European approach to artificial intelligence https://digital-strategy.ec.europa.eu/en/policies/european-approach-artificial-intelligence

European Commission: Press Release, 28/09/2022: New liability rules on products and AI to protect consumers and foster innovation https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5807

European Commission: Questions & Answers: AI Liability Directive (28 September 2022) https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_5793

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