Product Liability Directive

The 1985 Product Liability Directive never named software, leaving decades of argument about whether it applied. Directive 2024/2853 ends that: standalone software, SaaS, AI systems, and digital manufacturing files are now explicitly "products," subject to strict, no-fault liability (see L-04).

It also shifts the courtroom math. Where a defect is too complex to prove, courts can presume defectiveness and causation instead. This liability cannot be waived by a EULA (see L-03).

It applies to products placed on the EU market from December 9, 2026.

Discussion prompts

• If liability can't be waived by contract, what happens to the EULA clauses your organization relies on today?
• How would a presumption of defectiveness change how your organization documents its own testing?
• Does covering AI systems as "products" change how your organization should treat model updates?