AI Liability Directive (AILD)
A Follow-up to the EU AI Act
The EU AI Act is just the beginning. The Artificial Intelligence Liability Directive (AILD) is the next step in ensuring a complete legal framework for digital technologies by adapting civil liability rules.
What is the goal of the AILD?
The AILD establishes uniform requirements for non-contractual civil liability. It ensures that victims of damage caused by AI systems enjoy the same protection as victims of damage caused by any other product or human activity.
The Need for New Rules
Existing liability rules are often insufficient due to the opacity (black-box nature) and autonomy of AI systems. Meeting the standard "burden of proof" is excessively difficult for victims when dealing with complex algorithms, leading to a "compensation gap."
Scope and Impact
- Universal Coverage: Applies to damage caused by AI, whether defined as high-risk or not.
- Sector Neutral: Affects individuals and businesses alike who suffer harm due to fault or omission.
- Innovation Concerns: Some fear a "chilling effect" on small businesses due to disclosure requirements and increased insurance costs.
Stay tuned as we track the progress of this critical legislation and its impact on the tech ecosystem.