The interinstitutional negotiations (trilogue) on the new Product Liability Directive were launched on Monday 23 October by representatives of the European Parliament, the EU Council and the Commission.
At this first trilogue meeting, the various parties presented their positions on this directive, which will be presented by the Commission in September 2022 and aims to update the rules on civil liability established in 1985 and adapt them to the challenges of the digital age and the circular economy (see EUROPE 13031/10).
MEPs highlighted major points in their draft report, jointly tabled by Vlad Botoș (Renew Europe, Romanian) and Pascal Arimont (EPP, Belgian) and adopted on 9 October (see EUROPE 13268/10): extending liability to EU companies for defective products acquired outside the EU, recognising psychological damage and data loss, while excluding free open source software. They also recommend facilitating the compensation procedure, in particular by abolishing the minimum damage threshold of €500.
Complex products, such as AI systems, will benefit from a reversal of the burden of proof. The defendant must prove that the product is not defective in the event of a dispute. A major guarantee protects the confidentiality of the evidence presented, responding to the concerns associated with advanced digital technologies.
The adaptability of the directive is also highlighted, with the extension of the liability period from 20 to 30 years for exceptional cases.
For its part, the EU Council adopted its mandate in June (see EUROPE 13201/21), introducing amendments to clarify the presumption of defect, extend the compensation period in the event of late damage and exclude electronic communications services from the scope of application. (Original version in French by Nithya Paquiry)