Adapting The Eu Civil Liability Regime To The Digital Age Artificial Intelligence Robotics And Other Emerging Technologies
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Adapting the EU Civil Liability Regime to the Digital Age: Artificial Intelligence, Robotics, and Other Emerging Technologies
Author: Nikos Th. Nikolinakos
language: en
Publisher: Springer Nature
Release Date: 2024-10-18
This book highlights the challenges that artificial intelligence (AI), robotics, the Internet of Things (IoT), and other emerging digital technologies pose to existing EU and national liability legislation, while also tracing the evolution of the relevant EU policy and legal framework. Recognising that Member States’ current national fault-based liability rules are ill-suited to handle compensation claims for AI-related harm, the book emphasises the difficulty victims face in proving fault and causation due to AI’s unique characteristics, such as autonomy and opacity (“black box” effect). Similarly, the current Product Liability Directive (PLD) has several shortcomings: certain products, economic actors, and types of damage in the digital and circular economy are not covered under strict liability; proving defectiveness and establishing a causal link with damage, especially for complex products, is often challenging; in addition, liability claims are subject to restrictive limits and thresholds. The book discusses in detail the European Commission’s proposal for a Directive on harmonising civil liability rules for damage caused by AI systems (the ‘proposed AI Liability Directive’). It also offers a thorough analysis of the European Commission’s proposal for a revised Product Liability Directive, compares it with the positions of the Council of the EU and the European Parliament, and discusses the final text approved by the Plenary of the European Parliament in March 2024. The book incorporates comments from various parties, offering insights into the approaches of EU institutions and the conflicting interests among stakeholders. Presenting carefully grounded arguments, this volume serves as a valuable resource for understanding the interplay between policy and law within the new EU liability framework for AI and other innovative products. This forthcoming EU regime represents a significant shift in the liability landscape, potentially heightening litigation risks. Its success will depend on achieving the EU’s overarching objective: ensuring fair compensation while fostering technological innovation.
Autonomous Vehicles and the Law
The development of autonomous vehicles requires all the countries of the world to adapt their respective legal systems. The scale and complexity of the task is daunting. The law is called upon to enable and even encourage the advent of this revolution, while guaranteeing a fair allocation of the resulting risks and ensuring public safety. What's more, the law must rise to this challenge at a time when it is impossible to predict in the medium term the speed at which autonomous vehicles will enter circulation, or even their degree of autonomy. Adapting civil liability law appears to be the key to success. Faced with the peculiarities of autonomous vehicles, many concepts on which current liability regimes are based will need rethinking. For instance, the complex manufacturing of driving systems multiplies the number of potential liable parties, and the "black box" effect associated with the operation of learning AI increases the burden of proof in the event of a failure.
Digital Technologies and the Law of Obligations
Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.