📣 Proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence: Complementary impact assessment

Author: Philipp Hacker

Abstract: In September 2022, the European Commission presented a proposal for a directive on adapting non contractual civil liability rules to artificial intelligence (AILD), with an accompanying impact assessment. The European Parliament’s Committee on Legal Affairs (JURI) requested the present complementary impact assessment of the proposal, which focuses on specific research questions. The study critique identifies key shortcomings in the European Commission’s impact assessment, not least an incomplete exploration of regulatory policy options and an abridged cost-benefit analysis, in particular of the strict liability regime. The complementary impact assessment study proposes that the AILD should extend its scope to include general-purpose and other ‘high-impact AI systems’, as well as software. It also discusses a mixed liability framework that balances fault-based and strict liability. Notably, the study recommends transitioning from an AI-focused directive to a software liability regulation, to prevent market fragmentation and enhance clarity across the EU.

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