The European Commission has adopted a proposal to adapt liability rules to the digital age. The core of the proposal is that victims of AI-related damage can more easily obtain compensation. The Commission's proposal must now be approved by the European Parliament and the Council.

Previous regulatory proposals in the field of AI already contain frameworks for the quality and reliability of AI. The new rules now submitted for approval should provide users with the same standards of protection against damage from AI products or services as for damage caused by other circumstances. This mainly concerns making compensation easier. The proposal builds on the product liability directive that has existed for many years.

Examples of AI damage

The EU calls in your own news item several examples of damage from AI. Think of damage when products such as robots, drones or smart home systems are made unsafe by software updates, AI or digital services that are required to operate the product. Another example is damage resulting from manufacturers' negligence in cybersecurity. But the EU also cites the example of compensation if someone has been discriminated against in a recruitment or selection procedure in which AI technology has been used.

Simplification procedure

The Directive simplifies the legal process for victims when they need to prove that someone's wrongdoing resulted in harm by introducing two main features. Firstly, the so-called 'presumption of causality' will be used. This applies to circumstances where an error has been identified and a causal relationship to the AI ​​performance seems reasonably likely. This approach makes it easier for victims; they do not have to explain in detail how damage was caused by a specific error or omission. It can be difficult for laymen to understand complex AI systems. Second, victims are given more tools to obtain legal redress through the introduction of a right to access evidence from companies and suppliers in cases involving high-risk AI.

According to the European Commission, these new rules are necessary to give people confidence in AI technologies; the EC is a strong advocate of the application of innovative technology such as AI. With the proposal in the field of AI, the regulations regarding product liability are adapted to the challenges of the coming decades. (zip tone)

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