European Directive (EU) 2024/2853: What's new in terms of liability for defective products?
Published on :
14/05/2025
14
May
May
05
2025
Source : eur-lex.europa.eu
European Directive (EU) 2024/2853, which came into force on 8 December 2024, thoroughly reforms the liability regime for defective products. Adopted to replace the 1985 directive, it addresses two challenges: ensuring better protection for victims and adapting the law to major technological changes, in particular artificial intelligence, software, connected objects and the digitalisation of trade.
Among the key changes, the text broadens the concept of product to include intangible components such as interconnected digital services and manufacturing files. It also redefines the concept of defect to include criteria related to cybersecurity and the learning capacity of AI systems. The scope of compensable damage is extended to include the loss of personal data and medically recognised psychological harm.
The directive also modifies the rules of evidence: in the event of a dispute, the victim will be able to ask the court to order the manufacturer to disclose evidence in its possession. In terms of liability, new economic actors may be held liable, such as online platforms and logistics providers. Finally, a 25-year time limit is introduced for late-onset personal injury, in addition to the 10-year limitation period.
Transposition into national law is scheduled for December 2026.
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