BCVLex is participating, as an expert firm, in a European Commission study on the development of new legislation on liability for damage caused by artificial intelligence.
AI and other emerging digital technologies have the potential to transform and improve our societies and economies. However, their deployment must be accompanied by sufficient security to minimise the risk of damage that these technologies may cause.
The role of the European Union is precisely to ensure such security in all Member States. However, another of its tasks is to anticipate the possibility of damage resulting from the operation of these technologies, to enable fair and rapid compensation for victims.
In this respect, the specific characteristics of these technologies and their applications – including complexity, modification through upgrades or self-learning during operation, limited predictability and vulnerability to cyber security threats – may make it difficult to claim compensation for victims. It can also lead to errors in the allocation of liability, which can be unfair or inefficient.
To rectify this, certain adjustments need to be made to the liability regimes of both the EU and the Member States, making consultation with expert liability lawyers in each country indispensable.