Artificial intelligence and other emerging digital technologies, such as the Internet of Things or distributed ledger technologies, have the potential to transform our societies and economies for the better. However, their rollout must come with sufficient safeguards, to minimise the risk of harm these technologies may cause, such as bodily injury or other harm. In the EU, product safety regulations ensure this is the case. However, such regulations cannot completely exclude the possibility of damage resulting from the operation of these technologies. If this happens, victims will seek compensation. They typically do so on the basis of liability regimes under private law, in particular tort law, possibly in combination with insurance. Only the strict liability of producers for defective products, which constitutes a small part of this kind of liability regimes, is harmonised at EU level by the Product Liability Directive, while all other regimes – apart from some exceptions in specific sectors or under special legislation – are regulated by the Member States themselves.
