In September 2022, the European Commission published a proposal to review the Directive on liability for defective products (Product Liability Directive [PLD]). The proposal aims to tackle challenges linked to the digital age, the circular economy and the globalisation of value chains. However, the broadened definitions and new concepts within the proposal are concerning and we are worried that the proposal omits to consider existing liability rules, being under tort or contract law, within domestic jurisdictions of Member States and risks introducing strict liability as a standard for all claims and alleged future challenges.

AmCham EU members are therefore grateful for the opportunity to bring the following concerns to the attention of the Commission:

1. Unnecessarily broad scope and definitions
2. Unintended consequences of the ‘alleviation’ of the burden of proof
3. Removal of the thresholds
4. Adequately protecting sensitive information subject to disclosure orders
5. Extending the Economic Operator to include fulfilment service providers and marketplaces