Position paper - Product Liability Directive

In September 2022, the European Commission published a proposal to review the Directive on liability for defective products. The proposal aims to update the law for the digital age, the circular economy and the globalisation of value chains. However, the proposed broadened definitions and new concepts within the proposal are concerning, as they omit to consider existing liability rules – under tort or contract law – within domestic jurisdictions of Member States. The proposal, as it stands, risks introducing strict liability as a standard for all claims and alleged future challenges. The recommendations contained in our position paper provide guidance on how to best tackle identified challenges.