EPRS BRI(2023)739342 EN · Page 11

Artificial intelligence liability directive 
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EUROPEAN PARLIAMENT SUPPORTING ANALYSIS 
EPRS Implementation appraisal briefing, Aligning the Product Liability Directive with the circular 
economy and emerging technologies – Revision of Directive 85/374/EEC, 2022.  
EPRS, New Product Liability Directive, February 2023. 
EP, A study on Artificial Intelligence and Civil Liability, 2020. 
T. Evas, Civil liability regime for artificial intelligence, EPRS study, 2020. 
OTHER SOURCES 
AI Liability Directive, Legislative Observatory (OEIL), European Parliament. 
ENDNOTES
1 
While there is no exact definition of AI, it is generally acknowledged that AI technologies are a combined range of 
technologies including machine-learning techniques, robotics and automated decision-making systems used to 
improving prediction, for optimising operations and resource allocation, and for personalising service. See European 
Commission, Proposal for a regulation of the European Parliament and of the Council laying down harmonised rules 
on artificial intelligence (artificial intelligence act) 2021/0106 (COD), Explanatory memorandum. See OECD, Artificial 
Intelligence in Society, 2022. See also: McKinsey Global Survey on AI in 2021. 
2 
See European Commission, Report on the safety and liability implications of Artificial Intelligence, the Internet of 
Things and robotics, 2020. 
3 
See European Commission, Directorate-General for Justice and Consumers, M. Mosoreanu, D. Ulicna, S.,Paetz, and 
al., Behavioural study on the link between challenges of artificial intelligence for Member States’ civil liability rules and 
consumer attitudes towards AI-enabled products and services : final report, 2022. 
4 
See European Commission, Impact assessment accompanying the document Proposal for a Directive of the European 
Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence, SWD(2022) 319, 
2022 (hereinafter, the AI liability directive impact assessment'). See also: European Commission, Inception impact 
assessment, Adapting liability rules to the digital age and circular economy, 2021. 
5 
See European Commission, Impact assessment accompanying the document: Proposal for a Directive of the European 
Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence, above. 
6 
Ibid. The PLD does not cover damage caused to property intended for professional use, damage caused during the 
provision of a service, damage to victims other than natural persons or claims based on the wrongful use of a product. 
In all these cases, victims can only get compensation according to national liability rules.  
7 
See European Commission, Report on the safety and liability implications of AI, above. See also the AI liability directive 
impact assessment, above.  
8 
Ibid.  
9 
See European Commission, impact assessment at p.20. Academics have also stressed a number of gaps exist in current 
EU consumer law on addressing AI liability issues. While some support the harmonisation of liability regimes 
concerning AI-related harm, the right approach is subject to debate (see B. Schütte, L. Majewski; K. Havu, Damages 
Liability for Harm Caused by Artificial Intelligence – EU Law in Flux, 2021; G. Wagner, Liability for Artificial Intelligence: 
A Proposal of the European Parliament, 14 July 2021. 
10 
See S. De Luca, EPRS, New Product Liability Directive, January 2023.  
11 
European Commission, P