Artificial intelligence liability directive

EESC opinion on the Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence - Artificial intelligence liability Directive.

Key points

The EESC:

• Welcomes and supports the Commission's proposal to improve the rights of victims who have suffered any damage – as admissible under national law – due to wrongful (or presumably wrongful) use of artificial intelligence (AI);

• Recognises that a minimal harmonisation serves this objective best, but is wary of the risk of divergent interpretations by stakeholders involved in the development and supply chain and by judges. It therefore insists upon clear legal definitions and the need to further enhance the required expertise of those who will have to apply this new legislation across the EU with appropriate digital capacity;

• Calls for setting up a network of alternative dispute resolution bodies to make it easier for victims to exercise their rights and to collect more evidence on the outcomes of the directive;

• Appreciates the balance the directive strikes between victims' rights and the interests of AI developers as it makes it possible to reap the benefits of the digital transition;

• Calls upon the Commission to closely monitor the development of financial guarantees or insurance covering AI liability;

• Recommends to review this directive three years after it enters into force. The EESC is willing to take stock in this review and to assess the experience of EU civil society organisations;

• Asks to be involved and consulted in setting ethical standards in this domain.

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