ARTICLE
3 October 2022

EU Commission To Make It Easier To Sue Over AI Products

NR
Norton Rose Fulbright

Contributor

Norton Rose Fulbright provides a full scope of legal services to the world’s preeminent corporations and financial institutions. The global law firm has more than 3,000 lawyers advising clients across more than 50 locations worldwide, including London, Houston, New York, Toronto, Mexico City, Hong Kong, Sydney and Johannesburg, covering Europe, the United States, Canada, Latin America, Asia, Australia, Africa and the Middle East. With its global business principles of quality, unity and integrity, Norton Rose Fulbright is recognized for its client service in key industries, including financial institutions; energy, infrastructure and resources; technology; transport; life sciences and healthcare; and consumer markets.

In recent years that has been increased legislative focus and regulatory scrutiny of how certain technology companies have collected, used and monetised data collected from users and generated through use of the services supplied by these companies.
European Union Technology

In recent years that has been increased legislative focus and regulatory scrutiny of how certain technology companies have collected, used and monetised data collected from users and generated through use of the services supplied by these companies. That legislative focus is now moving to AI technology, as it matures and approaches mass adoption.

The newly proposed AI Liability Directive seeks to introduce a "presumption of causality" in an environment where algorithms continue to be seen as "black boxes" that are too technical for consumers to understand, and there is a desire amongst certain legislators and regulators to create a presumption that companies are responsible for injuries that consumers may suffer as a result of services driven by algorithms (relieving consumers of having to establish causation by working with experts).

However, whether the introduction of such rules alongside the EU AI Act that is currently under negotiation will chill innovation remains to be seen. In any event, this proposal from the European Commission should not be seen in isolation, but rather as part of the broader set of initiatives to turn Europe into "the global hub for trustworthy AI".

The AI Liability Directive, published by the European Commission on Wednesday, will introduce a "presumption of causality" for those claiming injuries by AI-enabled products. This means victims will not have to untangle complicated AI systems to prove their case, so long as a causal link to a product's AI performance and the associated harm can be shown.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More