Artificiell intelligens och dess rättsliga utmaningar i förhållande till det nya produktansvarsdirektivet

Sammanfattning

Although the 1985 Product Liability Directive has been in force for almost 40 years, it has been considered an effective and important instrument. However, the development of new technologies, including artificial intelligence, has revealed certain shortcomings in the directive. EU has now adopted a new Product Liability Directive, which replaces the 1985 directive. This essay aims to analyze how the new directive has been adjusted to fit for the digital age. The product liability regime is based on a strict liability, which is limited to cases where damage is caused by a “defect” in a “product”. Legal uncertainties have arisen regarding how these basic concepts and notions apply to new technologies. Therefore, a part of this essay examines how the definitions of product and defect have been updated to better align with a digitalized society. Additionally, injured persons may face difficulties in proving a defect in the product, an occurred damage and the causal link between the two, particularly in relation to AI-systems. To address such complex cases, the new Product Liability Directive includes rules regarding disclosure of evidence and eases the burden of proof through rebuttable presumptions. By adapting the concepts and notions underlying the application of the directive in relation to technological development, ambiguities that previously contributed to legal uncertainty seems to be clarified. Furthermore, the rules in the new directive concerning disclosure of evidence and the burden of proof appear as key aspects to ensure that those who suffer AI-related harm can enforce their compensations claims. At the same time, the question arises as to whether the nature of AI systems will affect the effectiveness of the rules, something that will ultimately remain to be seen as the member states implement the directive. Overall, the new Product Liability Directive contributes to increased clarity in how some of the legal issues of the digital age should be addressed, which is desirable since legal rules governing liability risks and accidents are considered beneficial for technological development.