The European Directive on defective product liability has been updated to cover current digital technologies, including Artificial Intelligence. This amendment means that AI technologies are now subject to the same liability rules as other products on the European market.
According to this directive, if a citizen is harmed by an error in an AI system, they are entitled to compensation even if the producer or seller is not at fault. This is the principle of objective liability, where compensation does not depend on demonstrating negligence or intent on the part of the manufacturer.
The new legislation applies to any person or entity that commercially uses an AI program or other technological program. If these programs contain errors and cause damage to a citizen, the affected party has the right to be repaired and compensated, regardless of whether the producer acted with or without fault.
This change represents increased protection for European citizens, who now have broader guarantees when harmed by failures in AI systems, transferring part of the risk to those who develop and commercialize these technologies.
