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EU Product Liability Law: Platforms, Internet of Things and Artificial Intelligence

Edited by: Silvia Martinelli, Pierluigi Perri, Cristina Poncibò

ISBN13: 9781041256533
To be Published: September 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £155.00





This volume examines the evolving EU regulatory frameworks governing product liability, with particular emphasis on digital platforms, the Internet of Things (IoT), and artificial intelligence (AI). Smart products, namely devices integrating connectivity, software, and automated decision-making, pose significant challenges for existing liability regimes, as they entail complex interactions between hardware, software, and advanced technologies, including AI systems.

These developments necessitate the coordination of regulatory frameworks, including product safety, product liability, data protection law, consumer protection law, as well as platform and AI governance, capable of addressing such complexity, while ensuring the effective compensation of consumers for harm caused by defective products. A central focus of the volume is the revised Product Liability Directive (PLD 2024), which seeks to modernise the EU liability regime in order to respond to the challenges posed by smart products and related technological advancements.

The volume is structured into three parts. Part I, Product Liability: Legal Foundations, Developments, and Digital Services, analyses the doctrinal underpinnings and legal evolution of EU product liability. Part II explores the intersection between IoT, by-design regulatory approaches, and AI. Part III addresses cybersecurity in its relation to product liability. The contributors combined legal analysis by examining case law, regulatory implementation, and technological standards and practices, in a comparative perspective, evaluating approaches across jurisdictions to identify gaps, inconsistencies, but also best practices and potential improvements for the EU framework. Additionally, it integrates perspectives from EU and comparative law and policy, with technological aspects, including, for example, AI sciences and cybersecurity.

Subjects:
Consumer Law, IT, Internet and Artificial Intelligence Law
Contents:
Preface

Part I: Product Liability: Legal fundaments, Novelties & Digital Services
1. The Product Liability Regime: An Historical Overview
Michel Cannarsa
2. The Implicit Theoretical Foundation of the Product Liability Regime in the Previous Directive and in the Reform
Eleonora Rajneri
3. New Products, New Risks, New Harms: Should Non-Material Harm Be Compensated under the Revised Product Liability Regime? A Critical Analysis in Light of the Regulatory Framework on Artificial Intelligence
Béatrice Schütte
4. Protecting Consumers Against Their Poison: Defects in Digital Content and Digital Services
Joasia Luzak
5. Incentives to Innovate, Litigation and the Ex-Post Product Liability of Online Platforms in the European Union
Mitja Kovač
6.Global Value Chains in a Platform Economy: The Role of Product Liability Rules
Teresa Rodríguez de las Heras Ballell

Part 2: Future-Proof Product liability: Internet of Things and Artificial Intelligence
7. Medical Internet of Things for Rehabilitation Purposes. At a Crossroads between the New Product Liability Directive and the Former Artificial Intelligence Civil Liability Proposal
Francesca Gennari
8. By Design Regulation and Product Liability: The By Design Defectiveness
Silvia Martinelli
9. The New Product Liability Directive: Paving the Way for Follow-On Actions in Artificial Intelligence Law?
Martin Ebers
10. AI Liability and EU Harmonized Standards
Cristina Poncibò
11. Cybersecurity Landscape of Internet of Things Devices: A Comparative Perspective
Iain Nash

Part 3: Cybersecurity Issues for Products Liabilities Regulations
12. EU Products Cybersecurity, Liability and Consumer Protection
Pier Giorgio Chiara
13. Cybersecurity and Artificial Intelligence
Sergio Barezzani
14. The Biometric_On: On the (Dual) Use of Biometric Data in Migration and Asylum
Matteo Buffa
15. The EU Cybersecurity Landscape: Regulatory Architecture, Enforcement and the Road to a "Digital Omnibus"
Pierluigi Perri