Brussels, 16 August 2024
The proposal for an AI Liability Directive (AILD) contains several links with the AI Act (Regulation (EU) 2024/1698). As the AI Act has been agreed with amendments compared to the Commission’s proposal, there are several new provisions that could impact the provisions of the AILD.
The approach in the AILD proposal in relation to the AI Act references has been the following:
- To apply the disclosure provisions of Article 3 only to high-risk AI systems, as defined by the AI Act;
- To expressly refer to specific requirements from Chapter III AI Act for providers and deployers of high-risk AI systems in paragraphs 2 and 3 of Article 4 AILD only when those requirements are an illustration of the first condition set by paragraph 1 (i.e. when the respective requirement is ‘directly intended to protect against the damage that occurred’).
At the same time, Article 4 paragraphs (1), (5), (6) and (7) AILD apply to all other AI systems than those that are subject to requirements laid down in Chapter III of the AI Act. The sections below explain the newly added Articles or amended provisions in the AI Act which could be relevant for AILD. They do not constitute a Commission position as regards whether and to what extent the AILD needs to be amended.
Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive) – full text:
More information
ST 12517 2024 INIT – Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive) – Commission Services considerations on the possible substantive amendments to the AILD in view of the AI Act
ST 12518 2024 INIT -Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive) – Commission Services analysis of the links between the proposal for AI Liability Directive, the revised Product Liability Directive and the AI Act
ST 12523 2024 INIT – Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive) – Updated version in light of changes in the AI Act
Source – EU Council