Product liability: what changes for AI
Product Liability Directive (EU) 2024/2853
- Status
- Adopted, not yet applicable
- Binding
- Yes
- Object analysed
- Digital product
- Requirements
- 4
- Next milestone
- Dec 9, 2026
In short
Software and AI systems become products. Strict liability, presumptions of defect for complex systems, duty to disclose evidence. The AI Liability Directive was withdrawn.
Steps to compliance
- Inventory your AI systemsThis framework does not classify systems: its principles apply to the whole organisation.
- Determine your roleDuties vary by role: Manufacturer and Substantial modifier.
- Apply the 4 requirementsThey focus on: Accuracy & robustness, Cybersecurity, Technical documentation and Logging & traceability.
- Prove it with checks8 checks to document, 8 of which also serve AI Act, PL 2338 and ISO 42001.
- Track the deadlinesNext milestone: Dec 9, 2026, Transposition and application to products placed on the market (set in the text).
Scope and penalties
- Kind
- Directive
- Scope
- Manufacturers, including those who substantially modify a product.
- Territorial reach
- Products placed on the EU market.
- Penalties
- Civil compensation, uncapped.
- Jurisdiction
- European Union
Timeline
Qualifying a system
Classification axes and possible verdicts
No classification: a principles framework applied to the whole organisation.
Requirements
4 requirements
| Code | Article | Requirement | Applies to | Checks |
|---|---|---|---|---|
| PLD-07 | Art. 7 | Defectiveness: self-learning, cybersecurity, updates | ||
| PLD-09 | Art. 9, 10 | Evidence disclosure and presumptions: keep documentation and logs | ||
| PLD-08 | Art. 8(2) | Substantial modification (retraining, fine-tuning): becoming a manufacturer | ||
| PLD-11 | Art. 11 | Post-market control: security updates |
Checks to document
Evidence collected for a check counts for every regulation that uses it.
| Code | Check | Scope | Themes | Also used by |
|---|---|---|---|---|
| VER-009-02 | Accuracy and robustness verified and documented | System | ||
| VER-009-03 | Cybersecurity of the AI system verified | System | ||
| VER-005-01 | Complete technical documentation compliant with Annex IV | System | ||
| VER-006-01 | Documented log retention policy | Organisation | ||
| VER-011-01 | 10-year document retention policy documented and implemented | Organisation | ||
| VER-026-D-01 | Role qualification analysis (provider/deployer/distributor) carried out | System | ||
| VER-026-F-01 | Contractual responsibilities documented between provider and third parties | Provider | ||
| VER-021-F-01 | Operational monitoring plan | System |
Themes covered
Frequently asked questions
Who is in scope of PLD?
Manufacturers, including those who substantially modify a product. Products placed on the EU market.
What penalties does PLD carry?
Civil compensation, uncapped.
When do the PLD obligations apply?
Dec 8, 2024: Entry into force; Feb 11, 2025: AI Liability Directive withdrawal announced; Dec 9, 2026: Transposition and application to products placed on the market.
Is PLD binding?
Yes. Kind: directive. Status: adopted, not yet applicable.
How does PLD relate to other regulations?
The same checks serve several texts. Shared checks: AI Act (8), PL 2338 (5) and ISO 42001 (3).
Related regulations
Official sources
Data checked on Sep 25, 2026. General information, not legal advice. Check the official texts and get advice for your situation.
Run these requirements across all your AI systems
TrustFlow inventories your systems, qualifies them under each regulation and collects evidence once for every referential.