EPRS BRI(2023)739342 EN · Table (p.11)
From EPRS_BRI(2023)739342_EN.pdf · page 11
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| 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, Damage s | |
| 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, Proposal for a directive of the European Parliament and of the Council on liability for defective |
| products, COM(2022) 495. See European Commission, New liability rules on products and AI to protect consumers | |
| and foster innovation, 2022. See also: S. De Luca, above. | |
| 12 | See European Commission, Comparative law study on civil liability for artificial intelligence, 2021. See also: European |
| Commission, Liability for Artificial Intelligence and other emerging technologies, report of the New Technologies | |
| formation of the Expert Group on Liability and New Technologies, 2019. | |
| 13 | See European Parliament, A study on Artificial Intelligence and Civil Liability, 2020. |
| 14 | See T. Evas, Civil liability regime for artificial intelligence, EPRS study, 2020. See EPRS implementation appraisal |
| briefing, Aligning the Product Liability Directive with the circular economy and emerging technologies – Revision of | |
| Directive 85/374/EEC, 2022. | |
| 15 | See Explanatory memorandum at p.2. |
| 16 | Ibid. |
| 17 | AI systems are defined in the draft AI act as software developed with certain techniques and approaches (machine |
| learning, logic- and knowledge-based approaches, statistical approaches etc.) that can, for a given set of human- | |
| defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the | |
| environments with which these systems interact. |
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