ABSTRACT
… Against this background, this paper makes three novel contributions. First, it examines in detail the liability proposals and shows that, while making steps in the right direction, they ultimately represent a half-hearted approach: if enacted as foreseen, AI liability in the EU will primarily rest on disclosure of evidence mechanisms and a set of narrowly defined presumptions concerning fault, defectiveness and causality.
Hence, second, the article suggests amendments to the proposed AI liability framework. They are collected in a concise Annex at the end of the paper. I argue, inter alia, that the dichotomy between the fault-based AILD Proposal and the supposedly strict liability PLD Proposal is fictional and should be abandoned; that an EU framework for AI liability should comprise one fully harmonizing regulation instead of two insufficiently coordinated directives; and that the current proposals unjustifiably collapse fundamental distinctions between social and individual risk by equating high-risk AI systems in the AI Act with those under the liability framework.
Third, based on an analysis of the key risks AI poses, the final part of the paper maps out a road for the future of AI liability and regulation, in the EU and beyond …
Philipp Hacker, The European AI liability directives – Critique of a half-hearted approach and lessons for the future, Computer Law and Security Review, volume 51, November 2023, 105871.
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