Adapting the EU Civil Liability Regime to the Digital Age: Artificial Intelligence, Robotics, and Other Emerging Technologies

This book highlights the challenges that artificial intelligence (AI), robotics, the Internet of Things (IoT), and other emerging digital technologies pose to existing EU and national liability legislation, while also tracing the evolution of the relevant EU policy and legal framework.

Recognising that Member States’ current national fault-based liability rules are ill-suited to handle compensation claims for AI-related harm, the book emphasises the difficulty victims face in proving fault and causation due to AI’s unique characteristics, such as autonomy and opacity (“black box” effect). Similarly, the current Product Liability Directive (PLD) has several shortcomings: certain products, economic actors, and types of damage in the digital and circular economy are not covered under strict liability; proving defectiveness and establishing a causal link with damage, especially for complex products, is often challenging; in addition, liability claims are subject to restrictive limits and thresholds.

The book discusses in detail the European Commission’s proposal for a Directive on harmonising civil liability rules for damage caused by AI systems (the ‘proposed AI Liability Directive’). It also offers a thorough analysis of the European Commission’s proposal for a revised Product Liability Directive, compares it with the positions of the Council of the EU and the European Parliament, and discusses the final text approved by the Plenary of the European Parliament in March 2024.

The book incorporates comments from various parties, offering insights into the approaches of EU institutions and the conflicting interests among stakeholders. Presenting carefully grounded arguments, this volume serves as a valuable resource for understanding the interplay between policy and law within the new EU liability framework for AI and other innovative products. This forthcoming EU regime represents a significant shift in the liability landscape, potentially heightening litigation risks. Its success will depend on achieving the EU’s overarching objective: ensuring fair compensation while fostering technological innovation.

Dr. Nikos Th. Nikolinakos is the Managing Partner of Nikolinakos & Partners Law Firm. He features prominently in the TMT, emerging technologies, tech disputes, data protection, cybersecurity, competition law and IP rankings of leading bar publications such as The Legal 500 and Chambers and Partners. Prior to founding the law firm, Nikos held the post of general counsel – legal and regulatory affairs director for a major telecoms operator and internet provider. He also held the position of senior in-house adviser to the Telecommunications & Post Commission of Greece (EETT), responsible for competition law and regulatory policy/compliance. He has filled senior consulting roles in various international projects for governments, national regulatory authorities, market players and the European Commission. Nikos has been a Visiting Lecturer on electronic communications law, emerging digital technologies, data protection/cybersecurity, competition law and intellectual property at the AIT Center and at NTUA (the National Technical University of Athens). Nikos is the author of numerous books and contributions in books and refereed journals in the fields of TMT, new technologies and competition law. He holds an LL.B. from National University of Athens, School of Law and an LL.M. and Ph.D. from University of Edinburgh, School of Law.