Key data
| Regulation | Corrigendum to Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products |
|---|---|
| Publication | 07/05/2026 |
| Entry into force | Not specified |
| Repealed Directive | Council Directive 85/374/EEC (in force for almost 40 years) |
| Affected parties | Manufacturers, importers, distributors and technology companies operating in the EU |
| Category | European Regulation |
| Official reference | OJ:L_202690364 / OJ L, 2024/2853, 18.11.2024 |
If your company manufactures, imports, distributes or develops digital products in the EU, this regulation affects you directly. The Directive (EU) 2024/2853, approved on 23 October 2024, radically modernizes the product liability regime in Europe, replacing a regulation that has been in force for almost 40 years. The corrigendum published on 07/05/2026 ensures the correct technical application of the text in all official EU languages, but the substance of the change was already approved: software, AI and digital products are now covered by product liability.
What does this regulation establish?
Directive (EU) 2024/2853 repeals Council Directive 85/374/EEC, which regulated product liability for almost four decades. The change is significant: the previous framework did not cover digital products, software or artificial intelligence, which today represent a central part of the European economy.
The three structural changes introduced by the new directive are:
| Aspect | Directive 85/374/EEC (previous) | Directive 2024/2853 (new) |
|---|---|---|
| Product scope | Traditional physical products | Includes software, artificial intelligence and digital products |
| Burden of proof | The consumer had to prove the defect | Reversal of the burden of proof in certain cases: the company must prove that the product was not defective |
| Risk management | No updated specific requirements | Companies must review risk management systems and insurance coverage |
The corrigendum published on 07/05/2026 does not modify the substantive regulation, but corrects technical errors in the text to ensure its correct application in all official languages of the European Union.
Economic and operational impact
The most immediate impact for companies is twofold: greater legal exposure and the need to review insurance coverage. The reversal of the burden of proof in certain cases means that, when faced with a claim, it may be the company that must prove its product was not defective, rather than the consumer having to prove the defect. This increases the risk of litigation and the potential cost of each claim.
For technology companies, the impact is particularly significant: for the first time, software, AI and digital products fall within the scope of this liability. This affects both software developers and companies that integrate AI into their products or services.
The operational areas that require immediate review are:
- Product liability insurance coverage: existing policies may not cover digital products or software.
- Risk management systems: must be updated to include the new types of products within the scope of the directive.
- Technical documentation and traceability: given the reversal of the burden of proof, the ability to demonstrate product compliance is critical.
- Supply chain: importers and distributors are also within the scope of the regulation, not just manufacturers.
Who does it affect?
The directive affects all companies that participate in the value chain of a product in the EU. Specifically:
- Manufacturers of physical products marketed in the EU.
- Importers who introduce products into the European market.
- Distributors who make products available to consumers.
- Technology companies that develop or market software, artificial intelligence systems or digital products in the EU.
The technology sector is most impacted by the regulatory change, as it was previously outside the scope of product liability. Any company offering software as a product, digital platforms with AI components or technology solutions integrated into physical products must analyze its exposure under the new directive.
Practical example
A Spanish company that develops management software for the industrial sector and markets it in several EU countries was not, under Directive 85/374/EEC, subject to product liability: software was not considered a product under the previous regulation.
With Directive (EU) 2024/2853, that same software falls within the scope of product liability. If an industrial customer suffers damage as a result of a software failure, the developing company may be required to prove that its product was not defective, rather than the customer having to prove the defect, depending on the specific case to which the reversal of the burden of proof applies.
This means the company must review its product liability insurance policy (which probably did not cover software), update its technical documentation and establish traceability processes that allow it to demonstrate product compliance in case of a claim.
What should companies do now?
- Identify if your product falls within the new scope: review whether you manufacture, import, distribute or develop software, AI or digital products marketed in the EU. If so, you fall under Directive (EU) 2024/2853.
- Review product liability insurance coverage: check whether your current policy covers digital products and software. In most cases, traditional policies do not cover these types of products.
- Update risk management systems: incorporate the new types of products into the company's risk map and establish specific controls to manage expanded liability.
- Strengthen technical documentation and traceability: given the reversal of the burden of proof in certain cases, the ability to demonstrate product compliance is your main line of defense against claims.
- Review contracts with suppliers and distributors: liability extends throughout the chain (manufacturers, importers, distributors), so it is necessary to review how responsibility is distributed contractually.
- Consult with a specialized legal advisor: given that the entry into force date has not been specified in the corrigendum published on 07/05/2026, it is advisable to monitor transposition deadlines and prepare for adaptation in advance.
Frequently asked questions
What products are now included in the new product liability directive?
Directive (EU) 2024/2853 expands the concept of product to include software, artificial intelligence and digital products, in addition to traditional physical products. This represents a radical change from Directive 85/374/EEC, which has been in force for almost 40 years and did not cover these products.
What is the reversal of the burden of proof in the new product liability directive?
The new directive introduces the reversal of the burden of proof in certain cases, meaning that when a consumer files a claim for damages caused by a defective product, it may be the company that must prove the product was not defective, rather than the consumer having to prove the defect. This significantly increases the company's legal exposure and the potential cost of claims.
When does Directive (EU) 2024/2853 come into force?
The corrigendum was published on 07/05/2026, but the entry into force date has not been specified in the text. It is advisable to monitor the official EU publications and consult with a legal advisor to determine the exact transposition deadlines for each member state.
Does the new directive apply to all companies or only large ones?
The directive applies to all companies that manufacture, import, distribute or develop products (including digital products) marketed in the EU, regardless of their size. However, the specific obligations and implementation mechanisms may vary depending on the company's size and the type of product.
What should I do if my company sells software or digital products in the EU?
You should immediately: (1) review your product liability insurance to ensure it covers digital products; (2) update your risk management systems; (3) strengthen your technical documentation and traceability processes; (4) review your contracts with suppliers and distributors; and (5) consult with a legal advisor to ensure full compliance with the new directive.
Official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information contained herein is based on the official text of Directive (EU) 2024/2853 and the corrigendum published on 07/05/2026. For specific legal advice regarding the application of this regulation to your company, please consult with a qualified legal professional. The interpretation and application of regulations may vary depending on the jurisdiction and specific circumstances of each case. We recommend staying informed about the transposition deadlines and implementation guidelines issued by the relevant authorities in your country.