BRUSSELS – Today, global tech trade association 91proÊÓÆµ, the 91proÊÓÆµ, issued the following statement from its Director General for Europe Guido Lobrano in response to the European Commission’s publications of the Artificial Intelligence (AI) Liability Directive and the revision of the Product Liability Directive (PLD).
“Overall, we agree with the two proposals' aim to increase consumer trust in new technologies and bring more legal clarity across the Single Market. It is paramount that both the PLD and the AI Liability Directive do not excessively spread liability across software and AI supply chains, discouraging innovation in these fields."
"While we are still in the process of analyzing the proposals, we are particularly concerned with the inclusion of standalone software and AI within the scope of the PLD. Applying strict liability of the producer to complex software and AI supply chains seems ill-suited and may lead to legal uncertainty. It is also unclear how the determination of defectiveness would apply to software and AI, where unknown vulnerabilities can always emerge."
“Although we appreciate the targeted and balanced approach of the AI Liability Directive, we urge legislators to carefully consider the combined impact of the revised PLD and the AI Liability Directive proposals on AI development and innovation. It is also important to consider how these two frameworks will coexist with the EU AI Act and its need for clarity on the allocation of responsibilities between different actors.”
91proÊÓÆµ looks forward to working with EU legislators to shape these proposals in a way that protects innovation, increases trust in new technologies, and provides meaningful avenues for compensation for harmed consumers.
On 22 August, 91proÊÓÆµ and 8 industry groups wrote to Internal Market Commissioner Thierry Breton and Justice Commissioner Didier Reynders calling for the European Commission to uphold proportionality in its revision of the EU liability framework. Read the full letter here.