Full reference
Legislator/regulator
Institutional level
Type of Source
Source EU detail
Stage of drafting
Territorial scope
Life cycle of the instrument
Project area
Law area
Full text of the law
Summary of the law
Legal basis: Article 114 of the Treaty on the Functioning of the European Union
The AI Liability Directive is a proposal for a Directive by the European Commission aimed at introducing rules to facilitate the burden of proof for those injured by Artificial Intelligence (AI) systems in cases of tort law claims brought before national courts and based on fault. It seeks to regulate cases in which an individual is harmed as a result of the use of an artificial intelligence system. Building on the idea that the current requirements necessary to prove tort liability - i.e., damage, fault, and causation - are difficult to prove when Artificial Intelligence is involved, the European Commission proposes the introduction of some alleviation mechanisms, including the possibility for the injured party to obtain an order of disclosure of relevant information from the national court and two presumptions, one of fault and one of causation.
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Personal scope of the instrument
Material scope of the instrument
The AI Liability Directive proposal goal is to improve the functioning of the internal market by laying down uniform rules for certain aspects of non-contractual civil liability for damage caused with the involvement of AI systems.
AI system(s) involved
- All types of AI systems
Initiative
- European Commission
Fundamental rights involved
- Freedom of information
- Freedom to conduct a business
- Right to an effective remedy
Principles expressly applied
- Accountability
- Due process
- Effective (judicial) protection
- Rule of law