Consumer Protection in the AI Era. A First Reading of the Proposal for the AI Liability Directive
摘要
In the light of the revised Product Liability Directive (PLD) the European Commission has published the proposal for the Artificial Intelligence Liability Directive (hereinafter the AILD). The latter focuses on the adaptation of non-contractual civil liability rules to artificial intelligence (AI). The first legislative step towards the regulation of AI within EU came in July 2024 with the Regulation on artificial intelligence (AI Act). Both legislative instruments set new rules in the field of law and AI, which shall affect both businesses and consumers at least within the EU. The AILD’s objective is to provide legal certainty and prevent fragmentation on non-contractual civil liability rules across EU. In this light, the paper focuses on the analysis of the new two mechanisms introduced by the AILD, namely the evidence and the presumption of non-compliance (art. 3AILD) and the rebuttable presumption of a causal link in the case of fault (art. 4 AILD). The aim is to evaluate the AILD from a consumer’s law perspective and to examine the applicability of these two new mechanisms in practice with the consumer being the main point of reference of this examination.