Filenews 23 October 2021 - by Theano Thiopoulou
The Rules to compensate consumers for damage caused by defective products, from garden chairs to medicines, cars and products based on artificial intelligence, are being looked at again by the European Commission. A public consultation on the issue has already been launched, which will be open for 12 weeks and will run until 10 January 2022.
The Commission invites stakeholders to express their views on the revision of the Product Liability Directive and in particular on whether other national liability rules continue to provide legal certainty and consumer protection, at a time of smart products and services based on artificial intelligence. It notes that this is particularly important, since the security of these products and services depends not only on their design and production, but also on software updates, data flows and algorithms.
The public consultation covers issues including which economic operator should be liable for any damages. The Commission clarifies that another important aspect is the upgrading and renovation of products and components, which is becoming increasingly important in the context of our transition to a circular economy.
The current liability rules are based on two pillars: the Product Liability Directive and the non-harmonised national liability rules. The Product Liability Directive protects consumers who suffer bodily injury to or damage to property from defective products.
According to the European directive, new technologies can help improve the effectiveness of product recalls, as, for example, products could warn users to avoid safety problems. It is also noted that new technologies can contribute to improving the traceability of products. For example, internet connectivity features can enable businesses and market surveillance authorities to monitor dangerous products and identify risks in supply chains.
On the European Commission's website, the placements of well-known business names and links have already begun. Their reports are published and most point out that it is very important, both for developers, manufacturers and providers of new technologies, as well as for users or individuals who are differently affected by these technologies, to have legal frameworks that take into account the interests of all stakeholders. The comments also extend to the revision of the directive in the field of medicines and health products, so that there are no victims of adverse reactions.
