Navigating the European Liability Landscape of Artificial Intelligence : New Proposals and ChatGPT

In September 2022, the European Commission took a holistic approach to liability in its Artificial Intelligence (AI) policy, proposing adaptations to the producer’s liability for defective products as well as a novel directive focusing solely on the liability of AI. The two initiatives are inherently interlinked, and commentators state that companies located outside of Europe will be significantly affected. In light of large generative AI models like Bard, Bing, or ChatGPT, it is crucial to recognize that the path taken by any legislator might be difficult to adjust later. In general, however, it is encouraging that the European Commission is turning its attention to liability law because it ensures that AI systems do not undermine the protections of people from the losses they cause. This short contribution provides an overview of the two recent European proposals on the liability of AI