AI Liability Directive: the unexpected turn

The European Commission has decided against revisiting discussions on draft legislation addressing liability for damages caused by artificial intelligence, citing a lack of consensus and industry demands for streamlined regulations. Originally introduced in 2022, the proposed EU Liability Directive aimed to establish uniform rules for non-contractual civil liability related to harm involving AI systems, complementing the bloc's landmark AI Act finalized two years later. However, this initiative has been scrapped, as indicated in the Commission's 2025 work program, adopted on February 11 and presented to the European Parliament on February 12.

German MEP Axel Voss criticized the decision, attributing it to lobbying pressure from major tech companies. "Big Tech views liability rules as a fundamental threat to their business models," Voss stated. "Rather than resisting this pressure, the Commission has capitulated, leaving European consumers and businesses vulnerable." He argued that the absence of EU-wide liability regulations undermines protections against harms caused by AI systems.

Despite this setback, victims of issues such as discrimination linked to AI usage are not entirely without legal options. Remedies may still be available under national legal frameworks, which vary across member states.