New liability rules for victims to seek compensation for damages caused by defective products online and offline

The new Product Liability Directive entered into force on Sunday, 8 December. The revised legislation, which will need to be transposed at national level, establishes an up-to-date solid framework for victims to seek compensation for damages caused by defective products. It also provides greater legal certainty for economic operators.

The new rules apply to all products, from traditional household items to digital products and to cutting-edge technologies, such as artificial intelligence (AI) systems. The directive enables victims to seek compensation for personal injuries, property damage, and damages to data.

These new rules take into account the increasing number of products on the single market that are manufactured outside the EU, by ensuring that there is always an economic operator within Europe from whom a victim can claim compensation. This provision also applies for products sold through online platforms. 

The new rules alleviate victims' burden of proof when they face excessive difficulties, such as the scientific and technical complexity of a case. The Commission will develop a publicly accessible EU Database of court judgments on product liability cases, to better explain the application of the new rules.

As of Sunday, EU countries have 2 years to transpose the directive into their national law, ensuring a consistent and harmonised application of the new rules across the EU. After that, consumers will benefit from the new liability system.

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