Product Liability Directive: European industry calls for a major rethink


On 20 October, Ecommerce Europe co-signed a joint industry letter with a group of business organisations on the Product Liability Directive. Ahead of the start of trilogue negotiations, the signatories call on the co-legislators to rebalance the revised liability rules. In its current state, the revamped Directive risks increasing the number of litigations, as well as the legal complexity and thus the uncertainty for European businesses.

Concretely, the signatories urge policymakers to:

  • Limit the alleviation of the burden of proof – by narrowing the scope of the de facto reversal of the burden of proof.
  • Introduce solid safeguards for the disclosure of evidence – by introducing limitation of disclosure to what is strictly necessary and proportionate.
  • Create a scope fit for purpose – by considering the impact that the inclusion of software in the rules could have on innovation and insurance premiums.

You can read the full statement here.