Liability and artificial intelligence in the EU: Assessing the adequacy of the current Product Liability Directive
Tiago Sérgio Cabral
Abstract
The European Union selected achieving a leadership position in the AI sector as one of the priorities for the future of the bloc as a whole. Economic reasons are behind this decision, but they are not the exclusive motive behind this objective. Undeniably, AI will have an enormous impact on world’s economy and if the EU falls behind, the standards of living that citizens of the Union currently enjoy may be at risk. Furthermore, there is also the question of keeping European values, principles and ethical standards alive in this technological transition. To achieve the leadership position it desires, it is essential for the EU to possess an updated, producer-friendly legal framework, that manages, at the same time, to ensure consumer protection and safe development of AI. One of the legal instruments that may need to be amended is the Product Liability Directive. In this paper we will study the Product Liability Directive and its shortcomings on AI regulation, along with the possible solutions to adapt the EU product liability legislation to this new technological challenge. We will assess what solutions are best suited to apply in the EU and fulfil the objective of achieving leadership in the sector.