EU Product Liability Directive (Directive (EU) 2024/2853)
PLD: Software, AI and Cybersecurity Defect Coordination

EU Product Liability Directive (Directive (EU) 2024/2853) PLD-Art.10-AI: AI system as defective product (PLD Articles 4(1), 4(21), 10(c)) - AI Liability Directive Commission withdrawal context

Article 4(1) explicitly includes software (whether embedded or supplied separately) + Article 4(21) cross-references the AI system definition from the EU AI Act. The 2024 PLD therefore covers AI systems as 'products' and AI-system defects as 'product defects'. Article 10(c) singles out the 'effect of any ability of the product to continue to learn after deployment' as a factor in the defectiveness assessment - directly addressing self-learning AI systems whose behaviour changes over their lifecycle. Article 17(2)(c) failure-to-update rule additionally applies: an AI provider that fails to deliver necessary security / safety updates loses the state-of-the-art defence. The European Commission WITHDREW its proposed AI Liability Directive (COM(2022) 496) in February 2025; the 2024 PLD is therefore now the operative civil-liability regime for AI-product damage, supplemented by sectoral product-safety regimes (EU AI Act + MR + MDR + IVDR + CRA) for the regulatory side. National courts may use Article 11(4) technical-complexity presumption to assist plaintiffs in AI-defect cases where explainability is limited.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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EU AI Act · 2 controls

  • EUAI-Art.16-22 Obligations of providers of high-risk AI systems and authorised representatives (Arts 16 to 22)
  • EUAI-Art.72-73 Post-market monitoring and reporting of serious incidents (Arts 72 to 73)

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in PLD: Software, AI and Cybersecurity Defect Coordination

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