Adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive)

Upwork welcomes the opportunity to provide feedback on the proposed AI Liability Directive and to engage constructively with the EU institutions going forward. At Upwork, we believe that, together with the proposed AI Act, the AI Liability Directive will both shape the future of Europes digital transition and set a benchmark for AI liability regimes in other jurisdictions.

Avaaz welcomes the opportunity to provide feedback on Liability rules for Artificial Intelligence - The Artificial Intelligence Liability Directive (AILD). Artificial Intelligence (AI) is ubiquitous, whether we realise it or not.

The views expressed are mine and not those of my employer. The holistic approach taken by the EU legislator in addressing the digital revolution and especially AI is welcome. Regarding more particularly the AI Liability Directive, here below are a few comments.

The European Young Bar Association (hereinafter EYBA or the Association) strongly supports the Authorities to embrace a regulation on AI systems and to approach it in a way that its balanced: facing the risks of a detrimental impact on human rights and democracy and at the same time taking into consideration the technology and its development.

It has been well established that AI can harm people in various ways, from physical harm caused by faulty machinery to algorithmic discrimination caused by bias datasets. It is therefore all the more important to ensure that people have access to effective redress where they have been harmed by AI systems.

SMEunited welcomes the aim to provide more clarity and legal security for businesses engaging with AI in EU Member States and especially for businesses trading across borders. Bringing minimum levels of protection is appropriate but must take into account the size and resources of the different economic actors.

Women in AI Austria welcomes the opportunity to comment on the proposed AI Liability Directive. We commend the work of the European Commission in developing a framework for artificial intelligence and algorithmic systems. However, we would like to highlight some aspects which could merit further attention, and hope our feedback - submitted as a PDF - contributes to the further refinement of the proposed provisions.

Considering the parallel cross-sectorial legislative proposal on liability (the revision of the product liability directive from 1985) and the potential overlap between these two pieces of legislation, TomTom would like to submit detailed comments on both files simultaneously during the PLD consultation (closing on 9th December 2022).

The Ada Lovelace Institute (Ada) welcomes the opportunity to provide feedback on the proposed Artificial Intelligence Liability Directive (AILD). The AILD is a central component of the EUs regulatory framework for AI as adequate ex post protections for harmed persons are a pre-requisite for society trusting in emerging technology.

In a context of international sovereignty and competitiveness where the development of European technological and digital infrastructures has become indispensable, it is crucial to build a European ecosystem of trust that respects both European values and innovation and artificial intelligence (AI), so that citizens and businesses can benefit from cutting-edge technologies.

Filed in French · English published by the European Commission

If France Assureurs considered that the current civil liability framework was fit for purpose in addressing the changes of new technologies and in particular to AI, it is essential to ensure a harmonisation of the rules at a European level.

Digital is a priority axis of the strategic plan “La Poste 2030, committed to you”. To support the increasing use of artificial intelligence (AI) and data, La Poste has a framework to ensure an ethical, responsible and human approach to AI, consistent with the group’s historical values.

Filed in French · English published by the European Commission

The European Federation of Pharmaceutical Industries and Associations (EFPIA) represents the biopharmaceutical industry operating in Europe. Through its direct membership of 37 national associations, 38 leading pharmaceutical companies and a growing number of small and medium-sized enterprises (SMEs), EFPIAs mission is to create a collaborative environment that enables our members to innovate, discover, develop and…

The Irish Council for Civil Liberties (ICCL) is Irelands oldest independent human rights monitoring organisation. We welcome the opportunity to respond to the consultation on the Artificial Intelligence Liability Directive (AILD). The AILD attempts to address the problems posed by artificial intelligence (AI) systems to the liability rules in the European Union (EU).

In principle, Bitkom welcomes the fact that the draft AI Liability Directive aims to regulate the first fundamental questions of liability in the event of damage arising from the use of AI. However, we believe that additional liability rules in this form would not have been necessary. Rather, they could have a negative impact on the application and further development of AI technologies.

Filed in German · English published by the European Commission

The Future of Life Institute (FLI) welcomes the opportunity to provide feedback to the European Commission on its proposal for an artificial intelligence (AI) Liability Directive. Liability is an important instrument for safeguarding the interests of society.

With reference to our statement from July 2021 on the Inception Impact Assessment and our position paper "Liability for AI" from May 2021 submitted in this context, we maintain the position that, in view of the existing technology-neutral and comprehensively applicable product safety and liability law, there are no relevant liability gaps for potential damage caused by AI applications and systems and thus no need…

The European Association of Co-operative Banks (EACB) welcomes the possibility to contribute to the discussion on the proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence (the AI Liability Directive). Please find our position on this proposal in the attached document.

The German Banking Industry Committe (Die Deutsche Kreditwirtschaft) welcomes the opportunity to provide feedback to the European Commissions inception impact assessment on adapting liability rules to the digital age and artificial intelligence. Please find our detailed position on this initiative in the attached document.

Emerging technologies, such as AI, are important drivers of Europes future competitiveness and wellbeing of citizens. In order to ensure that Europe will be at the forefront of technological development, the EU must create a coherent and enabling regulatory framework for the development of European AI technologies and applications, keeping in mind what the EU aims to achieve with new technologies in general.

MedTech Europe is the European association of medical technology manufacturers, including digital health products that fall under the scope of our sectoral regulations, some of which would fall under the scope of the proposed Artificial Intelligence Liability Directive (AILD).

APPLiA (Home Appliance Europe) acknowledges the European Commissions proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive).

We welcome the ALD (AI Liability Directive) as being a directive and not a Regulation leaving the details of the liability regime to the Member States We also welcome the proposed fault-based regime (and that the EC does not entertain previous attempts to introduce strict liability for AI). We would prefer that the ALD set this principle as a standard to avoid fragmentation among the Member States.

We apologize for the inconvenience, but please replace the feedback reference number F3362012 uploaded on 27 November 2022 with the following. The Japan Electronics and Information Technology Industries Association (JEITA) is Japans leading ICT association, with around 400 members from Japan and abroad and a Europe office in Brussels.

The Czech Insurtech Association would like to express gratitude for the Proposal on the Artificial Intelligence Liability Directive (AILD), which is the horizontal regulation with an impact on certain technology without consideration of sector specificities.

The U.S. Chamber of Commerce Institute for Legal Reform (ILR) is pleased to make this submission in response to the European Commissions request for feedback on the proposed Artificial Intelligence Liability Directive (AILD). ILR is a not-for-profit public advocacy organization affiliated with the U.S.

Developers Alliance advocates on behalf of software developers and the companies invested in their success, to support the industrys continued growth and promote innovation. We recognize 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.

From a consumer perspective, it is welcome that the European Commission presented a proposal for a Directive on liability specifically for Artificial Intelligence on 28 September 2022. We agree with the European Commission’s analysis that the rules currently in force are not suitable for adequately measuring the damage caused by artificial intelligence.

Filed in German · English published by the European Commission

1. The scope of the proposal must be very clear. In our opinion, it is currently not possible to clearly understand from the proposal, whether the liability regulation contained in the proposal will apply only to the systems defined in the proposal for the artificial intelligence regulation (Ai Act), or whether its scope will be extended to other systems as well.

The Japan Electronics and Information Technology Industries Association (JEITA) is Japans leading ICT association, with around 400 members from Japan and abroad and a Europe office in Brussels. JEITA serves as a platform for connecting industries such as electronic components and devices, electronic equipment, and IT solutions and services, as well as stakeholders in those industries.

The European Organisation for Security (EOS), as the representative of the European Industrial and Research Security Community, welcomes the opportunity to comment and provide feedback on the European Commissions proposed directive on adapting non-contractual civil liability rules to artificial intelligence (AILD).

We welcome the effort the European Commission is making to adapt the EU liability framework to the digitalization and innovations that have taken place since the first version of the Product Liability Directive was published. We would like to take the opportunity the Commission is giving us to share a comment on its Proposal for a Directive adapting non-contractual civil liability rules to artificial intelligence.

Eurocadres, the representative of Europes Professionals and Managers, is one of the three recognised European cross-sectoral social partners representing six million employees. We welcome the Commissions initiative to improve liability rules and consumer protection in relation to artificial intelligence (AI).

AIGA, the Italian Association of Young Lawyers, has always been particularly positive and interested in the technological development of the application of Artistic Intelligence, taking care to play an active role in stimulating the legal debate surrounding it, in order to ensure legal certainty and at the same time encourage the wider use of this instrument.

Filed in Italian · English published by the European Commission

As an independent Testing, Inspection and Certification (TIC) company, safety, security and sustainability are our vision and mission. For this reason, we welcome the European Commissions proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence to ensure legal certainty (AILD) and overcome fragmented, national liability rules regarding damages caused by AI products.