2026· Law and Governance· Vol 2· 0 citations· 22 references
TL;DR
The paper demonstrates that the PLD contains several mechanisms capable of translating the AIA’s safety obligations into liability benchmarks, enabling both instruments to reinforce each other’s effectiveness.
Abstract
The paper examines the interaction between the EU’s Artificial Intelligence Act (AIA) and the 2024 Product Liability Directive (PLD). Building on the premise that safety regulation and liability law constitute “two sides of the same coin,” it analyses the principal points of connection through which the AIA may shape liability under the PLD. These include defectiveness, PLD defences and liability for substantial modifications. With regard to the AIA, the analysis focuses on the mechanisms that are characteristic of EU product safety law, such as harmonised standards and conformity assessments. The paper demonstrates that the PLD contains several mechanisms capable of translating the AIA’s safety obligations into liability benchmarks, enabling both instruments to reinforce each other’s effectiveness. PLD claims may serve as a vehicle for private enforcement of the AIA, while the AIA can facilitate the assessment of liability. At the same time, the PLD’s traditional limitations – the product–service divide, restricted categories of compensable damage and exclusion of the user side of the value chain – constrain alignment precisely in areas where AI-related harms typically arise. These gaps are likely to be filled by diverging national liability regimes, increasing legal uncertainty and limiting the PLD’s capacity to provide a coherent EU-wide liability framework for AI-related harm.
This study explores the relationship between generative artificial intelligence and copyright law in the European Union (EU), focusing on the Artificial Intelligence (AI) Act (Regulation (EU) 2024/1689) and its interplay with the existing EU copyright acquis. It distinguishes between two questions that are often confla...
Chinmay Rathee· International Journal of Law...· 0 citations
The intersection between AI and antitrust law is explored, analysing whether AI can be used to facilitate anti-competitive practices and to what extent algorithm-driven pricing mechanisms act autonomously and to what degree they may be intentionally influenced or optimized to benefit corporate interests.
This article examines whether passive joint and several liability within the suppliers’ chain, under a consumer-protection logic, remains applicable when the defective product is an artificial intelligence system. The algorithmic chain poses three structural challenges absent from industrial chains: causal opacity, tec...
Gabriel Winck, Leonardo Theon De Moraes· Revista de Geopolítica· 0 citations
This article examines the attribution of liability when harm arises in the development, provision, and deployment of artificial intelligence (AI) systems, with particular emphasis on civil liability for damages. Through doctrinal analysis, engagement with scholarly arguments, and a comparison between Vietnamese and Eur...
Vinh van Pham· International Journal of Mul...· 0 citations
This article claims that the Artificial Intelligence (AI) Act endorses a functional, task-based approach to the qualification of Financial Intelligence Units (FIU) activities, thereby supporting the view that core FIU tasks are administrative in nature. At the same time, the article argues that this approach risks over...
M. Adem· New Journal of European Crim...· 0 citations
Existing artificial intelligence (AI) liability scholarship focuses largely on narrow, task-specific systems. This article asks how existing liability frameworks would function – or fail – when confronted with artificial general intelligence (AGI). It examines four liability regimes – strict product liability, fault-...
Ben Chester Cheong· Law and Governance· 0 citations
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