On September 28th, 2022, the European Commission released two proposals, the aim of which is to regulate civil liability in relation to AI-enabled systems, drawing from the Commission’s White Paper1 considerations on the use of such systems: a revised version of the Defective Product Liability Directive (PLD)2 and a Directive that adapts non-contractual civil liability rules to Artificial Intelligence (AI Liability Directive)3. The combination of these proposals with that of April 21st, 2021, Laying Down Harmonized Rules On Artificial Intelligence (AI Act)4, will result in the national liability frameworks being adapted to the digital age, the circular economy and global value chains.

For several years now, the European Commission has been working on a number of projects concerned with regulating Artificial Intelligence, digital services, and digital markets.  It has now issued a proposal for tighter rules on liability with regard to the technology industry. Amid these developments, a coalition of start-ups, small and medium enterprises, and technology companies sent a letter, dated August 24, 2022, to the European Commission expressing their concerns about the forthcoming European legislation, which seeks to modify the liability rules concerning artificial intelligence.

Artificial intelligence will be a major issue in the very near future, and Brussels has understood this. On October 20th, the European Parliament has adopted a series of three resolutions on how best to regulate artificial intelligence in order to boost innovation and confidence in the technology

In October 2020 the European Parliament issued three Resolutions on the ethical and legal aspects of Artificial Intelligence software systems. However, all three Resolutions are adamant on not providing AI software systems with legal personality.

On October 22, 2020, the Parliamentary Assembly of the Council of Europe (CoE) adopted a provisional version of Resolution 2356 (2020) Legal aspects of “autonomous” vehicles.

On September 25th, 2020, the European Parliament Research Service (EPRS) released a new study on Civil Liability Regime for AI was released.

AI Regulation Chair Researchers have prepared and submitted a detailed contribution to the European Commission’s consultation on the AI White Paper.

AI Regulation Chair Researchers have prepared a detailed submission to the European Commission’s consultation on the AI White Paper. We discuss preferred options and ideas for AI laws in Europe. Read key takeaways and download the full text.