The new Product Liability Directive (PLD, Directive 2024/2853) has recently been published in the Official Journal of the European Union, renewing the previous product liability regime established by the old product liability directive adopted in 1985. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the new PLD by 9 December 2026 and the rules shall apply to products placed on the market or put into service after 9 December 2026.
Among other important changes, one of the key elements of the new PLD is that in the future it will also cover softwares by broadening the definition of product.
The question arises: how will the extended Product Liability Directive be applied to AI systems or AI models (especially that the AI Liability Directive, initiated by the Commission at the same time as the new PLD, has yet to be adopted)?