BEUC NEWS - 7 April 2025

Several civil society organisations and BEUC have written to Executive Vice President Virkkunen and Commissioner McGrath to share their concerns that the AI liability directive proposal (AILD) is being withdrawn and to urge them to begin preparatory work on new AI liability rules. 

The co-signatories of the letter are ARTICLE19, European Center for Not-for-Profit Law (ECNL), CDT Europe, Enforce and Mozilla.

The joint letter calls for new rules to address the legal gaps left by the announcement of the AILD proposal withdrawal to ensure a fairer path to compensation for all people affected by AI systems. The joint letter also argues that new EU AI liability rules would prevent fragmentation in the Single Market and enhance trust in AI.

READ THE JOINT LETTER

First, many people face a daunting task today if they are harmed by an AI system and try to seek compensation. This happens because it is very difficult, if not impossible, for the large majority of people to prove that it was the faulty behaviour of the AI operator that led to a certain harm. Most often, they only know that they have been harmed but not which specific part of the supply chain of the product or service is responsible.

Secondly, some EU countries might adequately protect consumers and individuals affected by AI, but not all do. This leads to an unfair scenario where people harmed by an AI system in one Member State would have better chances at being compensated than those located in a different Member State. Such a difference in treatment should not happen in a well-functioning and integrated Single Market.

This is why BEUC and civil society organisations urge the Commission to begin work on new AI liability rules replacing the AILD that, at the very least, include a non-fault based liability approach that will make it easier for consumers who are harmed by an AI system to seek compensation.