EU Impact Assessment Suggests Mixed Liability for AI Systems
In September 2022, the European Commission introduced a proposal for a directive to adapt non-contractual civil liability rules to artificial intelligence (AILD), accompanied by an impact assessment. The European Parliament’s Committee on Legal Affairs (JURI) subsequently requested a complementary impact assessment to address specific research questions. The new complementary impact assessment critiques the original impact assessment, highlighting key shortcomings such as an incomplete exploration of regulatory policy options and an insufficient cost-benefit analysis, particularly regarding the strict liability regime.
The complementary impact assessment suggests that the scope of the AILD should be broadened to encompass general-purpose and other ‘high-impact AI systems,’ as well as software. It proposes a mixed liability framework that balances fault-based and strict liability. This approach aims to address the complexities and risks associated with AI systems more comprehensively.
Furthermore, the study recommends transitioning from an AI-focused directive to a software liability regulation. This shift would help prevent market fragmentation and provide clearer guidelines across the European Union, ensuring more consistent application of liability rules for AI and software.
Overall, the complementary impact assessment underscores the need for a more inclusive and balanced regulatory framework to effectively manage the evolving landscape of AI and software liability in the EU.
