PLD 2026 Liability Check

What PLD 2.0 changes

• NOW A PRODUCT

  Software, AI systems and digital manufacturing files are now "products" — defect liability reaches them, not just physical goods (Art. 4).

• WIDER CHAIN

  Liability extends across more economic operators — manufacturer, importer, EU authorised representative, fulfilment-service provider and, conditionally, the online platform — so an injured EU person always has a target (Art. 8).

• SUBSTANTIAL MOD

  A party that substantially modifies a product outside the maker's control is treated as a manufacturer (Art. 8(2)).

• DISCLOSURE

  Courts can order the defendant to disclose relevant evidence; non-disclosure can trigger a presumption of defect (Arts. 9 + 10).

• PRESUMPTION

  A rebuttable presumption of defectiveness / causation applies where technical complexity makes proof excessively difficult (Art. 10).

• + DATA LOSS

  Covered damage now includes death, personal injury, property damage and data loss / corruption of non-professional data (Art. 6).

• 9 DEC 2026

  Member States must transpose by 9 Dec 2026; the new rules apply to products placed on the market after 8 Dec 2026 (Arts. 2(1), 22).

Frequently asked questions

When does the revised EU Product Liability Directive apply?

Directive (EU) 2024/2853 must be transposed by Member States by 9 December 2026, and it applies to products placed on the EU market or put into service after 8 December 2026 (Art. 2(1), as corrected by the OJ corrigendum of 7 May 2026). Products placed on or before 8 December 2026 stay under the repealed Directive 85/374/EEC.

Did PLD 2.0 remove the €500 property-damage threshold?

Yes. The revised directive abolishes the €500 lower threshold for material property damage that existed under the 1985 directive (Art. 6). There is no minimum-value floor for private-use property claims, which lowers the barrier for smaller claims.

Does the directive cover software and AI?

Yes. 'Product' now expressly includes digital products — software, AI systems and digital manufacturing files (Art. 4). Free and open-source software supplied outside any commercial activity is excluded (Recital 14).

Where is the presumption of defectiveness — Art. 9 or Art. 10?

Art. 10 (Burden of proof) contains the rebuttable presumption of defectiveness (10(2)/(3)). Art. 9 is 'Disclosure of evidence'. The presumption can apply where proof is excessively difficult due to technical complexity, or where the defendant fails to disclose required evidence.

When does the 25-year limitation period apply?

The 25-year period (Art. 17(2)) is an exception, not the default for injury. It applies only where the injured party could not bring proceedings within the ordinary 10-year extinction period because of the latency (slow onset) of a personal injury. Ordinary injury claims run on the standard 10-year general period plus a 3-year discovery period.

Who is liable as an economic operator?

Art. 8 lists a primary tier — manufacturer (8(1)(a)), component manufacturer (8(1)(b)), and importer / authorised representative / fulfilment-service provider (8(1)(c)) — and a subsidiary tier: distributor (8(3)) and online-platform provider (8(4)). Subsidiary liability is conditional on the upstream operator not being identifiable within one month of a request. A party that substantially modifies a product is treated as a manufacturer (8(2)).

Related EU compliance tools

• › Designate a GPSR EU economic operator before the 13 Dec 2024 deadline
• › Check whether the Machinery Regulation 2027 applies to your product
• › Classify a medical device under the EU MDR
• › All EU seller-compliance tools at SellerGuardrails