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The EU AI Liability Directive Will Change Artificial Intelligence Legal Risks
24 October 2022
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The European Union’s newly proposed AI Liability Directive would change the legal landscape for companies developing and implementing artificial intelligence in EU Member States by significantly lowering evidentiary hurdles for victims injured by AI-related products or services to bring civil liability claims.
The Directive, which would apply to fault-based liability regimes in the European Union, would create a “presumption of causality” against the AI system’s developer, provider or user and would make it easier for potential claimants to obtain court orders that mandate disclosure of relevant evidence concerning “High-Risk” AI Systems—as defined by the forthcoming
draft EU AI Act
—which those claimants could use to identify the actors who are potentially liable for these harms
While the Directive does not create new legal obligations, it could impact many types of claims covered by national law in the European Union, including harms to life, health or property, privacy, equality and non-discrimination.
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