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EU Product Liability Directive (Directive (EU) 2024/2853)

European Union
v2023 (applicable from 2026)
7 domains
18 controls

Directive (EU) 2024/2853 of 23 October 2024 on liability for defective products is the new EU Product Liability Directive replacing Council Directive 85/374/EEC (which had governed product liability since 1985). The 2024 PLD entered into force on 8 December 2024 and Member States must transpose it by 9 December 2026 (Article 24); 85/374/EEC remains applicable to products placed on the market before 9 December 2026 (Article 22 transitional). Key modernisation points: (a) expanded definition of 'product' in Article 4(1) explicitly including software (whether embedded or supplied separately as a SaaS / standalone product), AI systems, and digital manufacturing files; (b) expanded categories of damage in Article 6 covering destruction or corruption of data not used for professional purposes, medically recognised damage to psychological health, and material losses from data loss; (c) substantial modification rule in Article 4(18) making the modifier liable for the modified product; (d) economic-operator chain liability in Articles 7-8 including manufacturer + authorised representative + importer + fulfilment service provider + distributor + online platform under Article 7(3) where they have a contract with the consumer; (e) disclosure-of-evidence regime in Article 9 (the new procedural rules requiring defendants + third parties to disclose relevant evidence on plaintiff motion) and Article 11 presumptions of defectiveness + causality; (f) cybersecurity-related defect treatment (a cybersecurity defect that compromises product safety qualifies as a 'defect' per Recital 38 + Article 7(2)(d)); (g) limitation periods in Articles 15-16: 3-year claim limitation + 10-year long-stop from the date the actual defective product was placed on the market / put into service / substantially modified, extended to 25 years for latent personal injury. Coordination with the proposed AI Liability Directive (Commission Proposal COM(2022) 496): the Commission withdrew the AILD proposal in February 2025 making the 2024 PLD the operative regime for AI-product liability.

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Framework Domains (7)

PLD: Damages, Defectiveness and Substantial Modification

2 controls
Controls in the PLD: Damages, Defectiveness and Substantial Modification domain of EU Product Liability Directive (Directive (EU) 2024/2853)2 controls
CodeTitle
PLD-Art.4(18)-SubstantialModSubstantial modification (PLD Articles 4(18), 7(1) and 16(3)) - the modifier becomes a PLD manufacturer
PLD-Art.6Categories of damage covered (PLD Article 6)

PLD: Final Provisions, Repeal and Transposition

2 controls
Controls in the PLD: Final Provisions, Repeal and Transposition domain of EU Product Liability Directive (Directive (EU) 2024/2853)2 controls
CodeTitle
PLD-Art.19_20_21Transparency, reporting, evaluation (PLD Articles 19-21)
PLD-Art.22_23_24Transitional, repeal of 85/374/EEC and transposition (PLD Articles 22-24)

PLD: Liability and Economic Operators

2 controls
Controls in the PLD: Liability and Economic Operators domain of EU Product Liability Directive (Directive (EU) 2024/2853)2 controls
CodeTitle
PLD-Art.5Right to compensation (PLD Article 5)
PLD-Art.7_8Economic operators liable and chain of responsibility (PLD Articles 7-8)

PLD: Limitation Periods, Reduction and Contribution

4 controls
Controls in the PLD: Limitation Periods, Reduction and Contribution domain of EU Product Liability Directive (Directive (EU) 2024/2853)4 controls
CodeTitle
PLD-Art.15Limitation period (PLD Article 15) - 3-year claim limitation
PLD-Art.16Long-stop period (PLD Article 16) - 10 years + 25 years for latent injury
PLD-Art.17Reduction or denial of liability - manufacturer defences (PLD Article 17)
PLD-Art.18Contribution and right of recourse (PLD Article 18)

PLD: Proof, Evidence Disclosure and Presumptions

4 controls
Controls in the PLD: Proof, Evidence Disclosure and Presumptions domain of EU Product Liability Directive (Directive (EU) 2024/2853)4 controls
CodeTitle
PLD-Art.10Defectiveness (PLD Article 10) - factor-based assessment
PLD-Art.11Burden of proof and presumptions (PLD Article 11)
PLD-Art.12_13_14Limits on plaintiff burden + procedural rules + special procedures (PLD Articles 12-14)
PLD-Art.9Disclosure of evidence (PLD Article 9) - the new procedural disclosure regime

PLD: Software, AI and Cybersecurity Defect Coordination

2 controls
Controls in the PLD: Software, AI and Cybersecurity Defect Coordination domain of EU Product Liability Directive (Directive (EU) 2024/2853)2 controls
CodeTitle
PLD-Art.10-AIAI system as defective product (PLD Articles 4(1), 4(21), 10(c)) - AI Liability Directive Commission withdrawal context
PLD-Art.10-CyberCybersecurity-related defect (PLD Article 10(f) + Recital 38) - coordination with CRA + GPSR

PLD: Subject Matter, Scope and Definitions

2 controls
Controls in the PLD: Subject Matter, Scope and Definitions domain of EU Product Liability Directive (Directive (EU) 2024/2853)2 controls
CodeTitle
PLD-Art.1_2_3Subject matter, scope and definitions (PLD Articles 1-3)
PLD-Art.4Definitions (PLD Article 4) - the expanded product / software / AI definitions

Your Compliance Coverage

If you comply with EU Product Liability Directive (Directive (EU) 2024/2853), you already cover:

Maps to 6 other frameworks

18 total controls
EU General Product Safety Regulation (GPSR, Regulation 2023/988)
4 source controls mapped|3 target controls covered
22%
EU Cyber Resilience Act
3 source controls mapped|3 target controls covered
17%
European Accessibility Act (Directive (EU) 2019/882)
2 source controls mapped|3 target controls covered
11%
EU AI Act
2 source controls mapped|3 target controls covered
11%
EU Machinery Regulation (Regulation (EU) 2023/1230)
1 source controls mapped|1 target controls covered
6%
GDPR
1 source controls mapped|1 target controls covered
6%

Frequently Asked Questions

What is EU Product Liability Directive (Directive (EU) 2024/2853)?

EU Product Liability Directive (Directive (EU) 2024/2853) is a compliance framework from European Union with 7 domains and 18 controls. Directive (EU) 2024/2853 of 23 October 2024 on liability for defective products is the new EU Product Liability Directive replacing Council Directive 85/374/EEC (which had governed product liability since 1985). The 2024 PLD entered into force on 8 December 2024 and Member States must transpose it by 9 December 2026 (Article 24); 85/374/EEC remains applicable to products placed on the market before 9 December 2026 (Article 22 transitional). Key modernisation points: (a) expanded definition of 'product' in Article 4(1) explicitly including software (whether embedded or supplied separately as a SaaS / standalone product), AI systems, and digital manufacturing files; (b) expanded categories of damage in Article 6 covering destruction or corruption of data not used for professional purposes, medically recognised damage to psychological health, and material losses from data loss; (c) substantial modification rule in Article 4(18) making the modifier liable for the modified product; (d) economic-operator chain liability in Articles 7-8 including manufacturer + authorised representative + importer + fulfilment service provider + distributor + online platform under Article 7(3) where they have a contract with the consumer; (e) disclosure-of-evidence regime in Article 9 (the new procedural rules requiring defendants + third parties to disclose relevant evidence on plaintiff motion) and Article 11 presumptions of defectiveness + causality; (f) cybersecurity-related defect treatment (a cybersecurity defect that compromises product safety qualifies as a 'defect' per Recital 38 + Article 7(2)(d)); (g) limitation periods in Articles 15-16: 3-year claim limitation + 10-year long-stop from the date the actual defective product was placed on the market / put into service / substantially modified, extended to 25 years for latent personal injury. Coordination with the proposed AI Liability Directive (Commission Proposal COM(2022) 496): the Commission withdrew the AILD proposal in February 2025 making the 2024 PLD the operative regime for AI-product liability. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.

How many controls does EU Product Liability Directive (Directive (EU) 2024/2853) have?

EU Product Liability Directive (Directive (EU) 2024/2853) has 18 controls organised across 7 domains. The largest domains are PLD: Limitation Periods, Reduction and Contribution (4 controls), PLD: Proof, Evidence Disclosure and Presumptions (4 controls), PLD: Damages, Defectiveness and Substantial Modification (2 controls). Each control defines specific requirements that organisations must implement to achieve compliance.

What frameworks does EU Product Liability Directive (Directive (EU) 2024/2853) map to?

EU Product Liability Directive (Directive (EU) 2024/2853) maps to 6 other compliance frameworks. The top mapping partners are EU General Product Safety Regulation (GPSR, Regulation 2023/988) (22% coverage), EU Cyber Resilience Act (17% coverage), European Accessibility Act (Directive (EU) 2019/882) (11% coverage). Use our comparison tool to explore control-level mappings between frameworks.

How do I get started with EU Product Liability Directive (Directive (EU) 2024/2853) compliance?

Start your EU Product Liability Directive (Directive (EU) 2024/2853) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about EU Product Liability Directive (Directive (EU) 2024/2853) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 18 controls and track your progress.

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