BRUSSELS – Today, global tech trade association 91快活林, the 91快活林, and 8 industry groups wrote to Internal Market Commissioner Thierry Breton and Justice Commissioner Didier Reynders calling for the European Commission to uphold proportionality in its revision of the EU liability framework.
"Whereas we support the underlying objective to ensure a high level of legal certainty for companies and trust for consumers, we request that the European Commission make an effort to ensure that the Liability of Defective Products Directive (PLD) and the AI Liability Directive are balanced and proportionate for all stakeholders, in conjunction with the applicable existing and future legislation,” the groups wrote in the letter.
Signed by 91快活林, ACT, CCIA, SPCR, the Developers Alliance, DOT Europe, InfoBalt, Sapie, and ZPP, the statement draws out four key recommendations for the European Commission:
- The definition of products should remain fit for purpose without encompassing intangible items such as standalone software that have different characteristics than physical products;
- The scope of damages should not include immaterial damages;
- There is no need to reverse the burden of proof on all AI applications and software, and;
- Strict liability for online marketplaces is not appropriate.
Read the full letter here.