Developers Alliance recognizes the proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive – AILD) in relation to the implementation of the AI Act. The proposal rests on a faulty presumption of harm for products embedding AI systems, requiring a specific legal treatment compared to other types of products, including for the application of general fault-based liability rules.
It is not clear how this approach will promote the development of AI and trust in adopting technology advancements in the EU. On the contrary, it will have a chilling effect on the EU market, acting as a disincentive for innovators, entrepreneurs and investors. AI developers with limited resources (e.g. startups) will be particularly discouraged by increased legal risks and costs associated with litigation encouraged by this specific legal regime.
