If an AI system causes someone harm, intentionally or by a negligent act or omission, will they be able to claim compensation for damages?  The European Commission proposed in 2022 a harmonised civil liability rules - the Artificial Intelligence Liability Directive (AILD) - to ensure that "persons harmed by artificial intelligence systems enjoy the same level of protection as persons harmed  by other technologies." (see our summary here). 

According to MLex, the EU Commission has circulated to EU governments and lawmakers (but not publicly) an updated AILD. Key updates include aligning the text to the AI Act and amendments to how any rebuttable presumption of a causal link between the defendant's fault and the AI application’s output. However, the AILD also faces an uncertain future, given potential overlap with the EU's proposed updated Product Liability Directive. A European Parliamentary Research Service to conduct an impact assessment is expected September 2024, which may give an indication of prospects of the AILD becoming law.

If you would like to discuss how current or future regulations impact what you do with AI, please contact Tom Whittaker, Brian Wong, Lucy Pegler, David Varney, or Martin Cook. For the latest on AI law and regulation, see our blog and newsletter.