The New EU Product Liability Directive
The European Union enacted the new Product Liability Directive 2024/2853 on December 8, 2024. This directive determines the legal process regarding the right to compensation arising from a defective product. Previously, the 85/374 Product Liability Directive, adopted in 1985, served as the fundamental regulation establishing the legal framework for consumer rights and product liability. During the time when the 1985 Directive was in force, the development of new technologies, advancements in circular economy models and new global supply chains have led to various legal uncertainties in the context of product liability. The new Directive primarily aims to clarify these uncertainties and adapt to recent technological developments.
The main changes in the New Product Liability Directive are as follows:
• Artificial intelligence software systems are now included in the scope of compensation liability. In this context, the liability of manufacturers for damages that may arise from artificial intelligence systems has been clarified.
• Manufacturers are held responsible for any defects that exist at the time their software or artificial intelligence systems are placed on the market. The scope of liability also includes defects that have emerged after the product has been released to the market as a result of updates, upgrades or a machine learning feature.
• It has been made easier for a person who has suffered damages to request access to the relevant evidence held by the manufacturer in order to prove their claim in the event of a claim for compensation in a national court.
• The new directive expands the right of natural persons to compensation to new types of damages. Compared to the old regulation, the consumer grants more comprehensive rights to compensation. For example, the new directive includes medically recognized psychological health damages in the scope of compensation as well.
• In order to adapt to the changes in the circular economy, the new regulation has determined that: when a product is repaired, reprocessed or developed and put into use outside the control of the original manufacturer, the company or person who made these changes should be held responsible for the potential damages that may arise.
• It has been determined that the company importing the product or the EU-based representative of the foreign manufacturer can be held responsible for the damages caused by a product purchased from a manufacturer outside the EU.
• The new directive has determined new obligations regarding the burden of proof. In this context, if the injured consumer has difficulty proving that the product is defective, the court has the authority to accept the possibility that the product is defective or that the defect is a probable cause of the damage.
• The new directive has determined more comprehensive criteria to assesses whether a product is defective. These criteria include whether the products comply with the safety requirements and whether they have the capacity to learn or acquire new features after being put into use.
• EU countries have been given until 9 December 2026 to transpose the directive into national law. The new directive will apply to products placed on the market as of 9 December 2026. The 1985 directive will continue to apply to products placed on the market before this date.
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