Assessing the Most Important Safety and Liability Aspects of Artificial Intelligence, Internet of Things and Robotics: 2019 and 2020

This chapter follows the European Commission’s attempt to examine the applicability of the current Product Liability Directive to new technologies and, in light of an assessment of the existing liability schemes, to develop principles that can serve as guidelines for possible adaptations of applicable laws at EU and national level relating to new technologies. In particular, it examines the most important findings presented in the Report of the Expert Group on Liability and New Technologies “Liability for Artificial Intelligence and Other Emerging Digital Technologies”, issued on 21 November 2019. Furthermore, it covers the Commission’s 2020 White Paper on AI, which concluded that the existing liability laws which are applicable to AI applications are not sufficient to address the risks posed by the development and deployment of AI. Therefore, specific adjustments to and clarifications of existing legislation is required in order to make the EU liability framework fit for the current and forthcoming technological and commercial developments. In addition, this chapter provides an extensive review of the Commission’s 2020 Report on the safety and liability implications of AI, IoT and robotics, which evaluated the most significant impacts and potential gaps in the existing liability and safety frameworks for these technologies.