| Link(s): | 1_1_197605_prop_dir_ai_en.pdf (europa.eu) AI liability addressed in fresh EU proposals (pinsentmasons.com) |
Context
The European Parliament is proposing a civil liability regime to address risks associated with the use of artificial intelligence (the AI Act), following a report on AI Liability originally published on 19th February 2020.
Key points to note
- Current liability rules are not suited to handling liability claims for damage caused by AI-enabled products and services. The specific characteristics of AI may make it difficult or prohibitively expensive for victims to identify the liable person and prove the requirements for a successful liability claim.
- If a victim brings a claim, national courts may adapt the way they apply existing rules, on an ad-hoc basis, to come to a just result for the victim, causing legal uncertainty. This will lead to businesses experiencing difficulties in predicting how the existing liability rules will be applied and, therefore, assessing and insuring against their AI liability exposure.
- The AI Act is to be implemented alongside adaptations to the Product Liability Directive, in order to ensure they complement each other.
- The adoption of the AI Act and changes to the Product Liability Directive is likely to have a knock-on effect for some liability insurance products.
Next actions
None – for information and awareness.