The dynamic development of the digital economy and artificial intelligence-based technologies has rendered existing regulations on liability for defective products largely outdated. In response to these changes, the European Union adopted the Directive (EU) 2024/2853 of the European Parliament and of the Council (Product Liability Directive – PLD), which replaces the directive that had been in force in this area since 1985.
The new regulations are intended to adapt the European civil liability framework to the realities of the digital economy and to strengthen consumer protection in the context of modern technologies. UE member countries, including Poland, are required to implement the directive by 9 December 2026.
Expansion of the scope of liability
One of the most significant changes introduced by the new PLD is the expansion of the definition of a product. Previously, product liability rules primarily applied to tangible goods. The new directive, however, also covers software, artificial intelligence systems, digital updates and cloud-based solutions.
The range of entities that may be held liable for damage has also been broadened. In addition to manufacturers, liability may extend to importers, distributors, operators of online platforms and fulfilment service providers. These changes are intended to ensure more effective protection for users in an increasingly digitalized market characterized by growing cross-border trade in goods and services.
Significance for polish legislation
The implementation of the directive will require amendments to the provisions of the Polish Civil Code governing liability for defective products. Particular importance will be attached to changes concerning the burden of proof and the procedures for pursuing claims by injured parties.
The new PLD introduces certain procedural facilitations for consumers, including the possibility of relying on legal presumptions in situations where presenting a complete body of evidence is particularly difficult. This solution is especially relevant in relation to AI systems, where establishing a causal link between a product defect and the resulting damage may prove exceptionally complex.
The directive also broadens the categories of damage covered by liability. In addition to claims for property damage and personal injury, injured parties will be entitled to seek compensation for data loss and psychological harm.
Impact on businesses
The new regulations may significantly affect companies operating in the technology sector. This applies in particular to software developers, providers of AI systems and businesses operating in the e-commerce sector.
With the entry into force of the new rules, businesses will be required to implement more advanced compliance procedures, continuously monitor the safety of their products and properly document product design and development processes. In practice, this may lead to increased operational costs, particularly in the areas of cybersecurity and risk management.
At the same time, the adopted measures should contribute to a higher level of user protection and strengthen trust in products and services available on the digital market.
Conclusions
Directive (EU) 2024/2853, the Product Liability Directive, represents an important step toward adapting European civil liability regulations to the realities and challenges of the digital economy. The planned changes substantially expand both the scope of business liability and the level of consumer protection.
For the Polish legislator, the implementation of the directive will require comprehensive amendments to the provisions of the Civil Code. The new regulations may also significantly influence the operation of technology companies by necessitating higher safety standards for digital products and artificial intelligence systems.
