Revision of the Product Liability Directive: Developers Alliance Disappointed by Council’s Rushed Position

Developers Alliance expresses its disappointment that the Council has rushed to set out its position on a piece of legislation with a huge impact on European software development.

June 14, 2023 – Today, the EU Member states’ ambassadors have approved the general approach on the legislative proposal for a Directive on liability for defective products.

Key Facts

  • Member States are endorsing a disproportionate strict liability regime for software, disregarding its specificities.
  • The proposal needs further work to establish appropriate no-fault-based liability for software and digitally-enabled products.
  • The European Parliament should continue efforts to improve the text, ensuring a balanced scope and adequate procedural safeguards. Evaluation of existing consumer protection laws is recommended.

A recent study by the European Centre for International Political Economy (ECIPE) shows that the proposed changes would bring a systemic legal risk to the EU’s manufacturers of technology products, software developers, and services providers specializing in the development and commercialization of digitally provided services. 

The following quote can be attributed to Karina Stan, Director of EU Policy:

“The superficial approach of the co-legislators on the revision of the Product Liability Directive will inevitably have a significant negative impact on the cost and availability of software in the EU. Unfortunately, the Council chose such an approach. We’ll continue to provide our input and urge the European Parliament to carefully consider the economic impact of an excessively strict liability regime.”

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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
617-688-0440
heather@developersalliance.org

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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.

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