On April 7, 2025, CDT Europe and other civil society organizations addressed an open letter to Executive Vice-President Virkkunen and Commissioner McGrath. They conveyed significant concerns regarding the European Commission's recent withdrawal of the proposed Artificial Intelligence Liability Directive (AILD). Although the proposal is acknowledged to require enhancements, the coalition emphasizes the necessity of initiating the groundwork for a comprehensive liability framework for AI.
The initial proposal by the European Commission highlighted that “safety and liability are two sides of the same coin”. The coalition concurs, viewing a liability framework as crucial. Such a framework would allow individuals harmed by AI systems, especially consumers and vulnerable citizens, to access compensation without facing overwhelming legal hurdles. This is seen as a step to bolster public trust in AI-driven products.
The open letter underscores the value of non-fault-based liability. It argues that proving an AI system's direct causation of harm is frequently unfeasible for individuals. Moreover, the letter maintains that the updated Product Liability Directive is inadequate, failing to cover key areas such as deployer accountability and harms like discrimination.
Withdrawing the AILD, the coalition warns, could lead to a disjointed legal environment among EU Member States. This would undermine consumer protection and legal predictability for businesses. They advocate for harmonized, robust EU-wide AI liability regulations to build confidence in AI technologies, encourage fairness, and support sustainable innovation.