The 36-year-old Product Liability Directive no longer reflects technological developments. The use of algorithms, artificial intelligence (AI) or smart devices (IoT) in everyday consumer life was a pipe dream in 1985. Digitalisation risks are thus not covered by product liability.

Devices that are connected to the internet, such as digital voice assistants, robot vacuum cleaners or smart TVs, can have a wide variety of security flaws. It is usually unclear who is liable for faulty programming, failed software updates or for security gaps that hackers abuse. Consumers who have been adversely affected are the ones who lose out.