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

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

Extends strict product liability to software and AI systems, makes lack of security updates a defect, eases the burden of proof with disclosure and presumptions, and reaches non-EU manufacturers through their EU representatives. Member states must transpose it by 9 December 2026.

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Required actions

  • Treat software, AI systems and digital manufacturing files as products subject to strict liability for defects - Account for post-market obligations: a product can be defective because of missing security updates or learning after deployment - Prepare for disclosure of evidence orders and presumptions of defectiveness in court claims - Non-EU manufacturers need an EU authorised representative, importer or fulfilment provider who can be held liable

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