The Product Liability Directive of 1985 is no longer in line with technological development since digital applications, such as the use of algorithms, the Internet of Things and Artificial Intelligence, are not taken into account. This results in additional risks for product defects and damages that have not been covered by product liability to date.

Some of the concerns already raised by AK in the consultation procedure have now been taken into account in the Commission proposal. However, the draft does not adequately address the imbalance of power. In order to make it easier for consumers to enforce their rights in all product liability cases associated with digitalisation, the proposal needs to be tightened.

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Daniela Zimmer

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Alice Wagner (Brussels office)

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