EU modernises civil liability laws to enhance consumer protection and adapt to technological advancements
In a significant move, the directive extends liability to online platforms for defective products sold through their sites, akin to traditional economic operators.
The EU recently adopted a directive that modernises civil liability laws, aligning them with contemporary economic models influenced by technological advancements and the principles of the circular economy. That update broadens the definition of a ‘product’ to include digital manufacturing files and software, recognising the increasing prevalence of digital product features.
Additionally, the directive addresses the implications of circular economy business models by ensuring that individuals or companies responsible for repairing or upgrading products outside the original manufacturer’s control can be held liable for any defects that may arise from these modifications. Consumer protection is a core focus of this directive, enhancing the rights of injured parties while providing clarity for producers.
The updated rules stipulate that online platforms will now share liability for defective products sold on their sites, similar to traditional economic operators. The change reinforces the responsibility of online marketplaces to ensure the safety and quality of the products they offer.
The directive streamlines compensation by allowing injured individuals access to relevant evidence manufacturers hold. It holds importers or EU-based representatives of non-EU manufacturers liable for damages from foreign products. To promote fairness, courts may permit claimants to demonstrate only the likelihood of defectiveness when proving a product’s defect is challenging.
Taking effect 20 days after publication in the Official Journal of the European Union, the directive requires member states to transpose it into national laws within two years. The update enhances consumer protection and legal clarity while supporting the adoption of new technologies.