Adapting Non-Contractual Liability Rules to Artificial Intelligence
Adapting Non-Contractual Liability Rules to Artificial Intelligence

Author(s): Vasile Nemeş, Gabriela Fierbințeanu
Subject(s): Social Informatics, ICT Information and Communications Technologies, Philosophy of Law, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: artificial intelligence systems; burden of proof; holistic liability system; level of harmonization;
Summary/Abstract: Current national liability rules are not adequate to deal with liability claims for damage caused by AI-based products and services. The specificity of AI systems, their complexity and especially their autonomy and opacity (the so-called "black box" effect) make it difficult for victims to identify who is liable and to prove liability claims. The European Commission's AI policies propose a holistic approach to liability, aiming at adaptations of product liability under the Product Liability Directive and specific harmonisation under the Proposal for a Directive on the adaptation of non-contractual liability rules to artificial intelligence. These two initiatives complement each other to form an effective global civil liability system. They respond to the scenarios in which the risks envisaged by the general framework provided by the Proposal for a Regulation laying down harmonised rules on artificial intelligence (AI Act) materialise. This paper proposes a first incursion into the liability frameworks for damage caused by AI systems as set out in the Proposal for a Directive of the European Parliament and of the Council on the adaptation of the rules on non-contractual civil liability to artificial intelligence (the AI Liability Directive).

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