Developers Alliance Joins Other Tech Industry Associations Calling the EU Lawmakers to Strike a Fair Balance on Software Liability

Developers Alliance co-signed a joint industry statement on the revision of the Directive on Liability for Defective Products (PLD), as the inter-institutional negotiations have just started.

October 26, 2023 – The Alliance and our industry partners make several suggestions for keeping a balanced approach in order not to hamper innovation in the software sector and to avoid overburdening developers:

Key Points

  • The scope should only cover software proportionately to the extent to which software is essential to the functioning of a product into which it is embedded or with which it is interconnected.
  • The newly added harms (data loss, corruption of data, and psychological harms) need to be measurable so that judicial authorities and companies avoid facing excessive legal action.  
  • The conditions for disclosure obligations should meet a higher threshold to protect trade secrets and limit excessive litigation.
  • The alleviation of the burden of proof cannot be solely based on the complexity of a product, as it would amount to a de facto reversal of the burden of proof for technological products or AI.
  • Cybersecurity flaws should not be considered a defect unless there is a breach of relevant EU and national law.
  • Software manufacturers should not be liable beyond the expected life cycle of the software. 

The full statement can be read here.

The following quote can be attributed to Karina Nimară, Director of EU Policy of the Developers Alliance:

“We call on the Council and the European Parliament to take account of those amendments that respond to the concerns of the software industry.  A burdensome liability regime for technological products, including AI, will have a foreseeable negative impact on the cost of doing business for software developers and the prices for consumers in the EU.” 


About The Developers Alliance

The Developers Alliance is the world’s leading advocate for software developers and the companies invested in their success. Alliance members include industry leaders in consumer, enterprise, industrial, and emerging software development, and a global network of more than 75,000 developers.

Press Contact
Heather Coull
Head of Marketing and Communications

Avatar photo

By Karina Nimară

Director of EU Policy and Head of Brussels Office - Karina previously served as Legal Advisor and Internal Market attaché at the Permanent Representation of Romania to the EU. Prior to her work with the Romanian diplomatic mission, Karina spent ten years in European Union affairs within the Romanian Government. While there she coordinated, inter alia, the process for transposition and implementation of EU legislation. Karina holds a law degree and specializes in EU law and policies. Based in the Alliance’s Brussels office, she's a tech enthusiast, enjoying the dawn of the Age of Artificial Intelligence. Other than robots, she's fascinated with cats and owls.

Leave a comment

Your email address will not be published. Required fields are marked *

Related Content

STEM Forward to the AI and Sustainability Age

STEM Forward to the AI and Sustainability Age

Open Source Liability is Coming

Open Source Liability is Coming

Developers Alliance Joins Global Coalition Backing WTO’s E-commerce Initiative

Developers Alliance Joins Global Coalition Backing WTO’s E-commerce Initiative

Join the Alliance. Protect your interests.

©2023 Developers Alliance All Rights Reserved.