DP News – Week 40. Proposal for Artificial Intelligence Liability Directive.

Further to the Artificial Intelligence Act (AI Act, AI Regulation) proposed in 2021, the EU Commission has now proposed a Directive on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive).

As outlined in the EU Commission’s explanatory memorandum, previously, “in the AI Act proposal, the Commission has proposed rules that seek to reduce risks for safety and protect fundamental rights. Safety and liability are two sides of the same coin: they apply at different moments and reinforce each other. While rules to ensure safety and protect fundamental rights will reduce risks, they do not eliminate those risks entirely. Where such a risk materialises, damage may still occur. In such instances, the liability rules of this proposal [i.e., of the proposal for AI Liability Directive] will apply”.

The proposed AI Liability Directive “is part of a package of measures to support the roll-out of AI in Europe by fostering excellence and trust. This package comprises three complementary work streams:
– a legislative proposal laying down horizontal rules on artificial intelligence systems (AI Act);
– a revision of sectoral and horizontal product safety rules;
– EU rules to address liability issues related to AI systems”.

EU Commission explains that “The AI Liability Directive adapts private law to the new challenges brought by AI. Together with the revision of the Product Liability Directive, these initiatives complement the Commission’s effort to make liability rules fit for the green and digital transition. The revised Directive modernises and reinforces the current well-established rules, based on the strict liability of manufacturers, for the compensation of personal injury, damage to property or data loss caused by unsafe products, from garden chairs to advanced machinery”.

The Commission’s proposal will now need to be adopted by the European Parliament and the Council.