Liability Rules for Artificial Intelligence

In its White Paper on Artificial Intelligence, the Commission undertook to promote the uptake of artificial intelligence and to address the risks associated with certain of its uses.

The Commission proposed a legal framework for artificial intelligence which aims to address the risks generated by specific uses of AI through a set of rules focusing on the respect of fundamental rights and safety.

At the same time, the Commission intends to make sure  that persons harmed by artificial intelligence systems enjoy the same level of protection as persons harmed  by other technologies.

In the Report on Artificial Intelligence Liability, the Commission identified the specific challenges posed by artificial intelligence to existing liability rules.

In October 2020, the European Parliament adopted a legislative own-initiative resolution, based on Article 225 TFEU, on civil liability for AI and requested the Commission to propose legislation.

On 28 September 2022, the Commission delivered on the objectives of the White Paper and on the European Parliament’s request with the Proposal for an Artificial Intelligence Liability Directive (AILD).

The purpose of the AI Liability Directive proposal 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.

The proposal addresses the specific difficulties of proof linked with AI and ensures that justified claims are not hindered.