Members' Research Service By / February 14, 2023

Artificial intelligence liability directive [EU Legislation in Progress][Policy podcast]

Artificial intelligence (AI) technologies are increasingly used to improve decision-making processes in a number of sectors such as health (e.g. disease diagnosis tools), mobility (e.g. autonomous driving systems), or agriculture (e.g. monitoring tools).

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Written by Tambiama Madiega (1st edition).

The European Commission published a proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence (the ‘AI liability directive’) in September 2022. The Commission proposes to complement and modernise the EU liability framework to introduce new rules specific to damages caused by AI systems. The new rules intend to ensure that persons harmed by AI systems enjoy the same level of protection as persons harmed by other technologies in the EU. The AI liability directive would create a rebuttable ‘presumption of causality’, to ease the burden of proof for victims to establish damage caused by an AI system. It would furthermore give national courts the power to order disclosure of evidence about high-risk AI systems suspected of having caused damage. Stakeholders and academics are questioning, inter alia, the adequacy and effectiveness of the proposed liability regime, its coherence with the artificial intelligence act currently under negotiation, its potential detrimental impact on innovation, and the interplay between EU and national rules.


Proposal for a directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI liability directive)
Committee responsible:Committee on Legal Affairs (JURI)COM(2022) 496 final
Rapporteur:Axel Voss (EPP, Germany)2022/0303(COD)
Shadow rapporteurs:Ordinary legislative procedure (COD)
(Parliament and Council on equal footing
– formerly ‘co-decision’)
Next steps expected: Publication of draft report

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