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The New Product Liability Directive
In the EU, consumers can claim compensation for damage caused by defective products. Since 1985, product liability rules have aimed to maintain a fair balance between the interests of consumers and producers. These rules were updated in 2024.
Better protection for victims and legal certainty Provide new tools for requesting evidence in court so that both parties are on an equal footing, and alleviate the burden of proof where needed. The new rules clarify that online platforms can be held liable when they act, in respect of the defective product, as one of the economic operators as defined by the new directive (i.e. manufacturer, importer, authorised representative, fulfilment service provider or distributor). PLD's rules specifically clarify that all types of software are covered by the new directive, including applications, operating systems and AI-systems.
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