All regulations / EU Products and software

Product Liability Directive

Know the rule before it knows you.

Software and AI are products; defects now carry strict liability.

Directive (EU) 2024/2853 on liability for defective products

What it is

The new Product Liability Directive extends strict (no-fault) liability to software, AI systems and digital manufacturing files, covers damage from cybersecurity failures and lost or corrupted data, and eases the burden of proof for claimants, including disclosure of evidence by the defendant.

This applies to you if

  • You develop or supply software, AI systems, connected products or components in the EU
  • You substantially modify a product, including through updates or AI learning
  • You are the EU importer or fulfilment provider for a non-EU manufacturer

What it asks of you

  1. Design, test and document products to demonstrate absence of defects, including after updates
  2. Keep technical documentation available for disclosure in litigation
  3. Allocate liability and insurance across your supply chain by contract

What it costs to ignore

Civil liability for death, injury, property damage and data loss, with a 10-year long-stop (25 years for latent injury).

Key dates

Applies to products placed on the market from 9 December 2026.

How we help

Not sure which apply to you? Send us three lines about what you sell and to whom, and we will tell you which rules matter and which do not.

Have a regulatory question?

Send a short description of your situation. We reply within one working day, usually with a view on scope and a fixed fee where possible.