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Legislation

The AI Liability Directive (AILD) Proposal

Full reference
Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive)
Legislator/regulator
European Commission
Institutional level
EU level
Type of Source
EU legislation
Source EU detail
Secondary law
Stage of drafting
Proposal/draft
Territorial scope
Supranational
Life cycle of the instrument
First draft in September 2022

Project area
Cross sector, general scope
Law area
Civili liability
Procedural law
Consumer protection
Product liability
Product safety

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.

For further information, see here 

Personal scope of the instrument
Unspecified addressees
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
Enforcement
Damages

Case author
Ivo Emanuilov
Researcher
LIBRe Foundation