New directive on liability for defective products

2024-11-25T14:02:00
Spain
The new Directive (EU) 2024/2853 on liability for defective products has been published, repealing and replacing the previous 1985 directive
New directive on liability for defective products
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November 25, 2024

Key Aspects

  • The new directive is aimed at harmonizing the laws of the Member States on the liability of manufacturers for damage caused by defective products, ensuring consumer protection in the internal market.   
  • It addresses the challenges and opportunities arising from technological developments, particularly in relation to digital products and  artificial intelligence, and it imposes stricter obligations and responsibilities on the economic operators involved in the production, distribution and supply of related products and services, as well as on online platform suppliers.   
  • It introduces various developments and significant changes in relation to the concept of product, defect, liable party and compensable damage (for example, psychological damage is now included).   
  • Member States have until December 9, 2026, to transpose the new directive. 

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November 25, 2024