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December 2023: The month that changed the product safety and liability landscape in Europe

December 2023 was an intense month for the European product safety and liability landscape, with updates by the EU legislator on three important pieces of legislation in recent weeks. For the time being, most UK product...more

The AI Act is coming: EU reaches political agreement on comprehensive regulation of artificial intelligence

On 8 December 2023, after marathon “trilogue” negotiations, the Council of the EU, the European Parliament and European Commission reached a groundbreaking agreement on the forthcoming AI Act. Although the final text is still...more

EU Parliament's Committees vote on the proposal for a revision of EU product liability law

A joint Committee of the European Parliament consisting of the Internal Market and Consumer Protection Committee (“IMCO”) and the Committee on Legal Affairs (“JURI”) approved their position on the European Commission's...more

EU Council's position on the proposed revision of EU product liability law

The Council of the European Union ("Council") adopted its position on the European Commission's Proposal for a Directive on liability for defective products ("PLD Proposal") and suggested several changes to the initial draft...more

ESAP: A centralized 'data space' granting easy access to corporate information for investors

On 23 May 2023, the European Council and the European Parliament reached a provisional agreement on three proposals jointly creating the European Single Access Point (ESAP) as part of the Capital Markets Union Action Plan. ...more

Green Claims update - Green Claims Directive Proposal - Sustainable Products Regulations

The European Commission has presented its long-awaited proposal for a Directive on substantiating environmental claims on March 22, 2023 which is intended to apply to all voluntary green claims covering not only texts, but...more

A brave new world of AI liability in the EU

Manufacturers and other stakeholders contemplating the use of AI-enabled products and services should be mindful of new rules proposed by the European Commission (EC) to address product liability claims related to AI systems....more

Green Claims Directive Proposal - The EU's new approach to combat greenwashing

Talk of a draft proposal regarding Green Claims (“the Proposal” or “Green Claims Directive Proposal”) has emerged earlier this year. As a part of the EU’s new Circular Economy Action Plan and New Consumer Agenda, the proposal...more

New presumption of causal link relating to AI systems

With the aim of bringing product liability rules into the digital age, the European Commission proposes new rules to address liability claims related to AI systems. Indeed, due to their technical features (among others,...more

Rebuttable presumptions of fact under the EU Commission’s recent product liability directive proposal

Injured parties have claimed for a long time that one of the biggest obstacles they face to obtain compensation for damages suffered in product liability cases, is to meet the burden of proof regarding the defectiveness of...more

Proposed new disclosure obligations on alleged product defects for defendants in product litigation

In its proposal of a revised product liability directive the European Commission under certain circumstances and to a certain extent requires defendants to disclose evidence on the alleged defect of the product – for which...more

European Commission proposes new ground-breaking rules on product liability and AI civil liability

With the aim of bringing product liability rules into the digital age, the European Commission proposes new rules to address liability claims relating to products, in particular AI systems, as well as issues related to...more

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