The Directive 2024/2853 establishes a comprehensive framework for product liability in the EU, replacing the previous Directive 85/374/EEC. It sets rules for compensation of natural persons for damage caused by defective products and aims to ensure proper functioning of the internal market while providing high consumer protection.The Directive has a significantly expanded scope compared to its predecessor, covering not only traditional products but also software, digital manufacturing files, and related digital services. It introduces new provisions for liability of online platforms, AI systems providers, and operators in circular economy business models. The act will apply to products placed on market after December 9, 2026.Key provisions include:
- Extended definition of ‘product’ to include software, digital files and related services
- New rules on burden of proof and disclosure of evidence to help injured persons obtain compensation
- Liability for defects in products that emerge after being placed on market if still under manufacturer’s control
- Compensation for damage to property, personal injury, and destruction/corruption of non-professional data
- Joint liability where multiple operators are responsible for damage
- Special provisions for AI systems and cybersecurity vulnerabilities
- Extended limitation periods (3 years) and expiry periods (10-25 years) for claims
- Specific rules for circular economy activities like remanufacturing and substantial modifications
The Directive provides detailed mechanisms for establishing liability, including presumptions of defectiveness in certain cases, rules for burden of proof, and requirements for disclosure of evidence. It maintains the principle of liability without fault while modernizing it for the digital age and new business models.
