New Product Liability Directive — software and AI included
Strict (no-fault) liability for damage caused by defective products now explicitly covers software and AI systems, including updates and the lack of security updates.
What it means for AI
If an AI product causes injury, damage to property or loss of data, the injured person can claim compensation without proving fault. A substantial modification (e.g. retraining or an update) can make you a manufacturer.
What you must do
- Manufacturers of software and AI: keep documentation, provide security updates, check liability insurance and supplier contracts.
- Courts may order disclosure of evidence and presume a defect when technical complexity makes proof excessively difficult.
Examples
Loss of non-professional data is damage under the new directive; the manufacturer may be liable without fault.
Key dates
The directive enters into force.
Transposition deadline; applies to products placed on the market after this date. Slovenia has prepared a draft law.
General information, not legal advice — consult a lawyer for borderline cases. Regulations reviewed on 29 Sep 2026.