Anatomy of a Fall: On the anticipated withdrawal of the AI Liability Directive proposal

The blog post highlights the proposed AILD’s main merits and shortcomings and it explores the implications of its likely withdrawal for EU tech regulation by clarifying the interplay between AI liability rules, the AI Act, and the PLD. As AI technology impacts several aspects of our lives, effective legal redress mechanisms are essential to promote accountability and safety for AI deployment. Conversely, the absence of clear liability rules and the persistence of information asymmetries between victims and companies may discourage litigation and lead to opaque settlements that obscure responsibility. Despite its weaknesses, the AILD proposal was an important initiative to enhance victims’ legal protection and promote the objectives of EU tech regulation. It concludes by considering potential future pathways.