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The new EU Directive 2024/2853, titled “On Liability for Damage Caused by Defective Products,” marks an important milestone in the European legislative landscape regarding civil liability. This legislative initiative, which will come into effect in Italy by December 9, 2026, responds to emerging needs related to the increasing prevalence of innovative technologies and artificial intelligence (AI).
### The Directive: A New Landscape of Liability
The Directive introduces a set of rules aimed at ensuring that consumers are protected in cases of damage caused by defective products, particularly when these products are powered by artificial intelligence systems. This approach is particularly necessary in a context where AI is becoming increasingly present in daily life, raising the complexity of liability closely associated with the sale and use of such products.
According to the new regulatory framework, the concept of “defective product” expands to include intangible goods and services provided by artificial intelligence systems. This means that if an AI product causes harm to an end user, the user will have the right to be compensated. This implies that companies will need to pay greater attention to the design and testing of their systems to minimize the risk of malfunctions.
### Risk Management and the Duty to Inform
A key element of the Directive is the emphasis on the necessity of adequate risk management and the obligation for producers to inform. Companies must provide clear and understandable information regarding the operation and potential risks associated with their products, ensuring that users have the necessary tools to use them safely.
This transparency is fundamental for building consumer trust, particularly when it comes to advanced technologies. The more aware users are of potential risks and benefits, the lower the likelihood of dangerous and harmful incidents.
### The Role of Proof and the Presumption of Defect
In the context of civil liability, one of the most innovative aspects of the Directive is related to the burden of proof regarding defects. Traditionally, it was the consumer’s responsibility to prove that a product was defective and that this defect caused the damage. However, with the introduction of this new regulation, a presumption of defect is provided for certain specific cases, facilitating compensation for victims.
This regulatory change represents a significant paradigm shift, transferring the burden of proof from the consumer to the producer, making the latter more responsible for the products it puts on the market.
### Implications for Companies
Companies will therefore need to adapt to this new regulatory framework by reviewing their quality management policies and introducing more rigorous verification processes. It will be crucial for them to monitor the entire product lifecycle and implement feedback systems that can detect anomalies in real time.
Furthermore, companies facing potential damage claims will have to contend not only with the economic consequences of compensation but also with the potential erosion of their reputation. Compliance with the Directive will thus become not only a legal obligation but also a commercial imperative, influencing the strategic choices of businesses.
### Future Perspective
The EU Directive 2024/2853 represents a new era in the regulation of liability for damage caused by products, particularly in a context of rapid technological developments. This new regulatory framework could serve as a model for other sectors where the convergence of technology and law creates significant challenges.
The adoption of this Directive by the member states of the European Union is not only a step forward for consumer protection but also an invitation for businesses to prioritize safety and responsibility at the heart of their technological development strategies.
### Conclusion
In summary, the EU Directive 2024/2853 represents an important regulatory evolution that reflects contemporary challenges related to widely used products.
