Revised Product Liability Directive [EU Legislation in Progress]

Written by Stefano De Luca (4th edition, updated on 19.02.2025).

As products have become more complex in the digital age, the need for a new directive on liability of defective products has arisen. The new directive will revise the existing Product Liability Directive, adopted nearly 40 years ago in 1985.

The directive brings the European Union’s product liability regime up to speed with the digital age, circular economy business models and global value chains by ensuring that consumers receive compensation for defective products, including those manufactured outside the EU. It introduces new provisions to address liability for products such as software (including artificial intelligence systems) and digital services that affect how the product works (e.g. navigation services in autonomous vehicles). It also alleviates the burden of proof for victims under certain circumstances.

The new directive on liability of defective products was published in the EU’s Official Journal on 18 November 2024. It entered into force on 9 December 2024. Member States must transpose the directive into their national laws and implement the changes by December 2026.

Versions

• February 2025: New Product Liability Directive (4th edition)