The New EU Product Liability Directive. Interaction with Parallel EU Initiatives: Proposed AI Liability Directive, Digital Services Act and Digital Markets Act
The New EU Product Liability Directive. Interaction with Parallel EU Initiatives: Proposed AI Liability Directive, Digital Services Act and Digital Markets Act

Author(s): Dimitrios Devetzis
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation
Published by: ADJURIS – International Academic Publisher
Keywords: EU Product Liability Directive; AI Liability Directive; Digital Services Act (DSA); Digital Markets Act;
Summary/Abstract: On 18 November 2024, the European Union adopted the new Product Liability Directive – Directive (EU) 2024/2853 – to replace its nearly 40-year-old predecessor(85/374/EEC). This overhaul was driven by the need to update strict liability rules for products in light of digital technologies, artificial intelligence (AI), and new supply chain models. The old regime from 1985 had become “ill-suited to the digital age,” leading togaps and legal uncertainty (for example, whether stand alone software is a “product”under the law). The new Directive aims to ensure that injured persons enjoy the same level of protection irrespective of the technology involved, while businesses benefit from clearer rules and a level playing field. It introduces significant changes: expanding the definition of “product” to include digital and intangible items, broadening the range of liable persons beyond traditional manufacturers, and easing the burden of proof for claimants in complex cases. This modernized framework not only strengthens consumer protection in the internal market but also seeks to maintain fairness by balancing innovation incentives with accountability for harm. The essay that follows provides an overview of the key provisions of the new Product Liability Directive (“PLD”), analyzes its legal and doctrinal innovations, and examines its interplay with parallel EU initiatives such as the proposed AI Liability Directive, the Digital Services Act (DSA) and Digital Markets Act (DMA). Detailed footnotes and a consolidated bibliography are included to support the analysis of this important development in European product liability law.

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