Errors and defects occur again and again in hardware or software. Last. Until now, the EU product liability guidelines did not apply to such products.
With an extension of the 1985 directive, the EU is now adapting the regulation accordingly.
Im Detail:
- In the future, product liability will also apply to hardware and software products.
- Free software, which also includes open source, is excluded.
- Countries have two years to implement the directive into law.
The extension of the original scheme adds a whole range of new products. In addition to programs, operating systems, AI systems and cloud products, robots and smart home devices are also included.
Extensive liability
The directive holds manufacturers responsible for as long as they have the relevant product. This also applies to products that are no longer sold but are still being provided with updates. The new liability regulation also applies in the event that the manufacturer has commissioned third parties.
Products that rely on applications in the cloud are also affected. Here it can happen that manufacturers are liable even if customers do not have a direct contract with the company.
Importers and online retailers are liable for products imported into the EU, even if the products were not manufactured in the EU.
Manufacturers outside the EU are also obliged to appoint a representative in the EU who is the contact person in the event of defective products.
Compensation for deleted files
If a defect deletes or damages a user's data, the user is also entitled to compensation. In this case, the costs incurred for restoring the data should also be borne by the liable company.
Thecomplete documentcan be viewed as a PDF on a European Union website.
What do you think of the new regulation? Have you struggled with defective products or software in the past? Feel free to write us a comment.
