The European Parliament’s 2020 Legislative Proposal for a Regulation on a Civil Liability Regime for Artificial Intelligence

This chapter examines the European Parliaments’ 2020 Resolution on a civil liability regime for artificial intelligence. With this legislative initiative, the European Parliament urged the European Commission to present a future-oriented civil liability framework, laying down rules for the civil liability claims of natural and legal persons against operators of AI-systems. It was stated that a clear legal framework should stimulate innovation by providing businesses with legal certainty, whilst protecting citizens and promoting their trust in AI technologies by deterring activities that might be dangerous. The Parliament considered it necessary to ensure maximum legal certainty throughout the liability chain, including for the producer, operator, injured parties and any other third parties, in order to respond to the new legal challenges created by developments in AI systems. The Parliament’s initiative called for making those operating high-risk AI systems strictly liable for any resulting damage. Furthermore, operators of high-risk AI systems should hold liability insurance similar to that used for motor vehicles. The initiative also stated that the operator of an AI-system that does not constitute a high-risk AI-system should be subject to fault-based liability for any harm or damage that was caused by a physical or virtual activity, device or process driven by the AI-system. According to the Parliament, civil liability rules for AI should strike a balance between protecting potential victims of harm or damage and, at the same time, supporting investment and technological innovation.