The EU’s new Product Liability Directive enters into force Sunday 8 December, establishing a framework for victims to seek compensation for damages caused by defective products.
The new directive provides greater legal certainty for economic operators. The rules apply to all products, from traditional household items to digital products and to cutting-edge technologies, such as artificial intelligence (AI) systems.
The Directive enables victims to seek compensation for personal injuries, property damage, and damages to data.
The new rules take into account the increasing number of products on the Single Market that are manufactured outside the Union, by ensuring that there is always an economic operator within the EU from whom a victim can claim compensation. This provision also applies for products sold through online platforms.
The new rules alleviate victims’ burden of proof when they face excessive difficulties, for example due to the scientific and technical complexity of a case.
The Commission will also be developing a publicly accessible EU Database of court judgments on product liability cases, to better inform on the application of the new rules.
As of Sunday, Member States have two years to transpose the Directive into their national law, ensuring a consistent and harmonised application of the new rules across the Union. After that, consumers will benefit from the new liability system.
