The Proposed EU Artificial Intelli- gence Liability Directive

Does/Will Its Content Reflect Its Ambition?




Artificial intelligence liability directive, damage liability, AI Act, disclosure of evidence, causal link, EU tort law


On 28 September 2022, the European Commission released its long-awaited proposal for an Artificial Intelligence Liability Directive (AILD). In contrast to the high expectations on providing a harmonised liability framework for the damage caused by AI systems, the proposed AILD only proposes minimum harmonised procedural rules to facilitate evidence disclosure and alleviate the burden of proof undertaken by claimants. This article provides a comprehensive analysis of the proposed AILD and points out the problems when implementing the proposed rules. This article argues that the AILD may never reach its full potential as its name indicates. The fragmentation among Member States regarding the substantive matters may preclude the AILD from moving a step further for harmonising substantial issues. While a comprehensive risk regulation (the EU AI Act) must be followed by an effective remedy mechanism, the proposed AILD will not fill this gap in the short run.



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Author Biographies

  • Shu Li, Erasmus University, Rotterdam

    Shu Li is Assistant professor Law and Economics, Erasmus School of Law, Erasmus University, the Netherlands.

  • Béatrice Schütte, University of Helsinki

    Béatrice Schütte is apost-doctoral researcher at the University of Helsinki; University of Lapland, Finland.

TechReg 2024.014 Li & Schütte cover page







How to Cite

The Proposed EU Artificial Intelli- gence Liability Directive: Does/Will Its Content Reflect Its Ambition?. (2024). Technology and Regulation, 2024, 143-151.