Product liability 2.0 - How to make EU rules fit for consumers in the digital age

Consumers are today surrounded by digital goods in all aspects of their everyday lives. However, when these products harm consumers, an enforceable right to claim compensation may not be at hand. Because of their wide dissemination, flaws in digital goods can have large-scale implications for consumers and society.

The current legal framework established by the Product Liability Directive in 1985 is no longer adapted to the multiple
challenges brought by new technologies in 2020. This situation creates legal uncertainty for both businesses and consumers, multiplies the risk of unequal treatment of consumers in the Single Market, prevents consumer redress and
trust in digital goods in general. It is essential that the EU product liability rules establish a clear and enforceable legal framework that ensures effective access to justice for all consumers.

Here are nine way to ensure that the EU product liability framework remains fit for the digital age and delivers its full potential to consumers:

1. Clarify the objective and scope of the Product Liability Directive.

2. The notion of “defect” should be broadened and no longer limited to users’ safety expectations.

3. Review the notion of “time at which a product is placed on the market”.

4. Revise the scope of compensable damage.

5. Reverse the burden of proof.

6. Clarify the scope of liable persons (including online marketplaces).

7. Review the exemptions to liability.

8. Review timelines and prescription periods.

9. Introduce greater transparency measures on defective products.