Product Liability Directive (Product Liability Directive)

Product Liability Directive

Adopted, applies laterProduct Liability Directive

Summary

It treats software and AI systems as products. Manufacturers are strictly liable for damage caused by defects, including defects arising after updates or from the system's learning. It applies to products placed on the market from December 9, 2026. The separate AI liability proposal was withdrawn in 2025.

Who it applies to

Software and AI manufacturers, importers and, in some cases, anyone who substantially modifies a product.

Penalties

No fines: it creates civil liability for harm to people, property and data.

Official name: Directiva (UE) 2024/2853 del Parlamento Europeo y del Consejo, de 23 de octubre de 2024, sobre responsabilidad por los daños causados por productos defectuosos
Official reference: Directiva (UE) 2024/2853, DO L de 18.11.2024; transposición hasta el 9.12.2026
Regulator: National civil courts
Official source: Check the sourceHow we verify sources

Key dates

December 9, 2026Transposition and application to new products

Obligations and dates

Obligations table
Obligation	Article or citation	Status	Date	Who it applies to	Verification
Prepare for claims over software or AI defects	Directiva (UE) 2024/2853, arts. 4, 7-11 y 22	Adopted, applies later	December 9, 2026	If you sell or import software or AI products in the EU.	Verified in the official source on November 2, 2026

Prepare for claims over software or AI defects

Directiva (UE) 2024/2853, arts. 4, 7-11 y 22Adopted, applies later

Applies from December 9, 2026

When it relates: If you sell or import software or AI products in the EU.
What the rule provides: Document safety testing, regulatory compliance and update management for each version.
Keep technical documentation: a court can order its disclosure.
Keep providing security updates while the product is under your control.
Typical evidence: Version and testing history.
Model card.
Supporting documents: AI Document Control and Versioning Procedure
Model Card
Adversarial Security and Robustness Checklist
AI Post-Deployment Monitoring Plan
AI Marketing Claims Substantiation Procedure
Verification: Verified in the official source on November 2, 2026Transposition and application date checked on the Commission's official product liability page. Spanish transposition has not been verified.