Skip to content

Directive · EU · Dir. 2024/2853

The Product Liability Directive

The revised PLD makes software a product. From 9 December 2026, liability for a defective AI system is strict and no-fault.

Transposition by
9 December 2026
Basis
Strict, no-fault
Replaces
Dir. 85/374/EEC
AI Liability Directive
Withdrawn

What changed

Software Is Now a Product

The old product-liability regime was written for physical goods. The revision drags it into the software era: standalone software and AI systems are products, their updates and the digital services they depend on are in scope, and liability remains strict, so a claimant need not prove you were careless, only that the product was defective and caused harm.

For AI the decisive move is procedural. Recognising that proving a defect in a complex model is often impossible for a claimant, the directive lets courts presume defect and causation in defined situations, and lets claimants compel disclosure of your evidence. Your governance file stops being only a compliance artefact and becomes the centre of a liability case.

Scope
Software is a product. Standalone software, AI systems, and safety-relevant updates all fall within product liability.
Burden
Presumption of defect. Courts may presume defect or causation where set conditions are met, easing the claimant's proof.
Evidence
Disclosure of records. Claimants can compel disclosure of relevant technical evidence; refusal triggers a presumption.
Harm
Wider damages. Death, personal injury including psychological harm, property, and destruction or corruption of data.

Where it meets the others

The Burden Can Shift to You

One fact about a system, and each regime that asks for it.

  • One technical file
    • EU AI Acttechnical documentation (Art. 11)kept for 10 years (Art. 18)
    • PLDdisclosure of evidence (Art. 9)on a court's order; a defect is presumed if it is not disclosed

Strict liability already removes the need to prove fault. The revised directive goes further and lets a court presume the product was defective, or that the defect caused the damage, in situations that map directly onto AI governance failures:

Non-disclosure
You fail to disclose relevant evidence a court has ordered, such as technical documentation or logs.
Breach
The product broke a mandatory safety requirement meant to prevent the harm that occurred, which may include requirements of the EU AI Act.
Complexity
The case is too technically or scientifically complex for the claimant to prove, and a defect is plausible.

Who owes what

The Chain Is Longer Than the Manufacturer

Liability follows the product along its economic chain, and a substantial modification can make the modifier the new manufacturer.

Manufacturer
You made the product or component. Primary liability, including for the software components and AI models you develop and the updates you push.
Importer & authorised rep
You bring it into the EU. Where the manufacturer is outside the EU, liability can attach to the importer or the EU authorised representative.
Fulfilment & distribution
You place it on the market. Distributors and fulfilment service providers can be liable where an EU-based responsible party cannot be identified.
Substantial modifier
You materially changed it. Substantially modify a product outside the original maker's control, and you can be treated as its manufacturer.

Timeline

The Date That Matters Is Close

The directive is adopted; the work is transposition. It applies to products placed on the market after the transposition date, so systems placed on the market into 2027 are in scope.

Late 2024
Directive 2024/2853 adopted, replacing the 1985 regime.
Adopted
2025
The separate AI Liability Directive is withdrawn, leaving the PLD as the main route for AI harm.
Live
9 Dec 2026
Member states must transpose; the regime applies to products placed on the market after this date.
Weeks away

Source: Official Journal of the EU · Dir. 2024/2853 · Applies to products placed on the market after transposition into national law · Check the consolidated text before relying on a date.

Penalties

A Civil Claim You Can Lose by Default

The PLD is civil liability, so the exposure is compensation rather than a regulatory ceiling, and the procedural changes make it easier to reach.

Uncapped
Strict, no-fault liability for death, personal injury, property damage, and data loss caused by a defective AI product.
Presumption
Defect or causation can be presumed against you on non-disclosure, a breach of a safety requirement meant to prevent that harm, or excessive complexity.
Disclosure
Claimants can compel the technical documentation and logs you hold, turning your governance file into their evidence.

Compensation is determined by litigation.

FAQ

Common Questions

Your next step

Which of the Six Apply to You?