Rules / European Union

Directive (EU) 2024/2853 on liability for defective products

Enacted, not yet in forceLawBinding

Replaces the 1985 directive with no-fault liability for defective products that expressly covers software, including AI systems, and allows claims for damage including destroyed data; it eases the burden of proof for claimants in complex technical cases. It applies to manufacturers, importers and other economic operators for products placed on the EU market from 9 Dec 2026.

Why it matters

AI software vendors become strictly liable for defects, including those caused by updates or a lack of security patches, for products placed on the market from December 2026.

What it requires

Consumer rights
SourceEUR-Lex (OJ L, 2024/2853, 18.11.2024): https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202402853 Checked against the source on 4 Oct 2026. In force 8 Dec 2024 (20 days after publication); applies from 9 Dec 2026. The separate AI Liability Directive proposal was withdrawn by the Commission in 2025.

Cite this record

Directive (EU) 2024/2853 on liability for defective products. European Parliament and Council of the EU. Status: Enacted, not yet in force. wheresthe.ai, https://wheresthe.ai/rule/eu-product-liability-directive-2024-2853/ (verified 4 Oct 2026).

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