AN APPROACH TO SOME EU INITIATIVES ON THE REGULATION OF LIABILITY FOR DAMAGE CAUSED BY AI-SYSTEMS

Abstract

This paper deals with three of the current endeavours of the European Union regarding the regulation of artificial intelligence (AI). First, it briefly analyses the Draft Proposal of the “Artificial Intelligence Act” (AI Act), which puts fundamental rights at the core of Europe’s AI approach and establishes a risk regulation system of preventive character that proposes ex ante solutions but does not provide for liability rules. Then it refers briefly to the Resolution of European Parliament adopted in October 2020 which formulated recommendations to the Commission for the regulation of civil liability regarding the use of artificial intelligence, which included the full text of a Draft Regulation “on liability for the operation of artificial intelligence-systems”. Finally, the paper deals in more detail with the ongoing debate on how to adapt the Directive 85/374/EEC on liability for defective products to overcome the problems posed by AI, such as the openness of AI-systems, and other characteristics of AI that make it difficult to identify the potentially liable person, to prove the defect of a product, to prove causation and to apply other rules included in the Directive now in force.