Generative AI under the New EU Product Liability Directive

Whilst the new EU Product Liability Directive includes AI within its scope, several key questions remain unadressed. One major challenge is the traditional exclusion of liability for information from product liability which significantly narrows liability for AI generated text, visual, or audio content. From a dogmatic point of view, however, the exclusionary principle creates tension with other concepts of the Directive such as the horizontal inclusion of AI, the new rules on loss of data, the partial extension of liability to digital services, and the inclusion of “functional information”. The topic provides the opportunity to introduce these concepts and to discuss the challenges in the context of Generative AI.

Dr. Clemens Danda, LL.M., is a legal researcher specializing in digital private law and the regulation of AI in European and international contexts. His research brings a comparative perspective to AI and data law, covering contracts, product liability, personal data protection, intellectual property, and product safety. He holds a PhD in Private Law from the University of Vienna, an LL.M. in IP & ICT Law from KU Leuven (Brussels), and an MA in Art Sciences from the Technical University of Berlin.

Moderator: Taorui Guan, Assistant Professor and Deputy Director of Law and Technology Centre, The University of Hong Kong Faculty of Law

To register, please go to https://hkuems1.hku.hk/hkuems/ec_regform.aspx?guest=Y&UEID=102782.

For inquiries, please contact Ms. Grace Chan at mcgrace@hku.hk / 3917 4727.