Deleted data or faulty software: In Brussels, the Parliament and the EU member states have drawn up new liability rules – they are primarily intended to include the digital world.
The EU wants anyone who suffers damage from a defective product to be able to claim compensation more easily in the future. Negotiators from the European Parliament and EU states agreed in Brussels on new rules on product liability that are intended to be much more focused on the digital market.
The new liability rules should therefore apply not only to material damage, but also to non-material damage such as psychological damage. Additionally, the term “product” is expanded to include digital manufacturing files and software. For example, it may be possible to claim compensation in the future if data is deleted from a private hard drive, it said.
The new rules are also intended to ensure that a company within the EU, such as a manufacturer, importer or their authorized representative, can always be held responsible – even if the product was purchased outside the EU. If that doesn’t work, member states should pay compensation using national compensation systems, the decision states.
Revamped after almost four decades
According to the information, consumers usually have to prove that a product is defective and has caused damage as a result. The burden of proof for this should now be lightened – especially if the plaintiff has difficulties with it due to the technical complexity of a product. In addition, according to the announcement, plaintiffs could in the future demand that the respective company must disclose the “necessary and proportionate” evidence.
The law is a revision of its almost 40-year-old predecessor and still needs to be officially confirmed by the plenary session and the EU states.
Source: Stern
