15/10/2026
EuroCham Insights | October – Week 2
📦EU Product Liability Rules
From 9 December 2026, the EU’s updated Product Liability framework will apply to products placed on the EU market from that date. The revised rules modernize the liability framework for defective products and extend it clearly into the digital economy. Internal Market & SMEs
The scope now expressly includes software, including applications, operating systems and AI systems, alongside traditional physical products and other product categories covered by the Directive. Certain free and open-source software supplied outside a commercial activity is excluded. Internal Market & SMEs
The manufacturer remains the primary liable party. Where the manufacturer is established outside the EU, a person who suffers damage may also be able to seek compensation from an EU-based importer or authorised representative, or—where neither exists—from a fulfilment service provider. This is particularly relevant for non-EU manufacturers selling into the European market. Internal Market & SMEs
Compensable damage can include death or personal injury, property damage, and destruction or corruption of non-professional data. The assessment of whether a product is defective focuses on whether it provides the level of safety a person is entitled to expect, with factors including product design, instructions, cybersecurity and, where relevant, software updates. Internal Market & SMEs
EuroCham Insight: Product liability in the EU is no longer only about physical goods. For exporters and manufacturers, the framework increasingly reflects the realities of software, AI, digital components and global supply chains.
Sources
European Commission — Liability for defective products
European Commission – Liability for defective products
EUR-Lex — Directive (EU) 2024/2853 on liability for defective products
EUR-Lex – Directive (EU) 2024/2853
EUR-Lex — Corrigendum to Directive (EU) 2024/2853, published 7 May 2026
EUR-Lex – 2026 Corrigendum
European Commission — New liability rules for victims to seek compensation