EU Directive on AI Liability – Interdependent Thoughts

Bookmarked AI Liability Directive (PDF) (by the European Commission)

This should be interesting to compare with the proposed AI Regulation. The AI Regulation specifies under which conditions an AI product or service, or the output of one will or won’t be admitted on the EU market (literally a CE mark for AI), based on a risk assessment that includes risks to civic rights, equipment safety and critical infrastructure. That text is still very much under negotiation, but is a building block of the combined EU digital and data strategies. The EU in parallel is modernising their product liability rules, and now include damage caused by AI related products and services within that scope. Both are listed on the EC’s page concerning AI so some integration is to be expected. Is the proposal already anticipating parts of the AI Regulation, or does it try to replicate some of it within this Directive? Is it fully aligned with the proposed AI Regulation or are there surprising contrasts? As this proposal is a Directive (which needs to be translated into national law in each Member State), and the AI Regulation becomes law without such national translation that too is a dynamic of interest, in the sense that this Directive builds on existing national legal instruments. There was a consultation on this Directive late 2021. Which DG created this proposal, DG Just?

The problems this proposal aims to address, in particular legal uncertainty and legal fragmentation, hinder the development of the internal market and thus amount to significant obstacles to cross-border trade in AI-enabled products and services.

The proposal addresses obstacles stemming from the fact that businesses that want to produce, disseminate and operate AI-enabled products and services across borders are uncertain whether and how existing liability regimes apply to damage caused by AI. … In a cross-border context, the law applicable to a non-contractual liability arising out of a tort or delict is by default the law of the country in which the damage occurs. For these businesses, it is essential to know the relevant liability risks and to be able to insure themselves against them.

In addition, there are concrete signs that a number of Member States are considering unilateral legislative measures to address the specific challenges posed by AI with respect to liability. … Given the large divergence between Member States’ existing civil liability rules, it is likely that any national AI-specific measure on liability would follow existing different national approaches and therefore increase fragmentation. Therefore, adaptations of liability rules taken on a purely national basis would increase the barriers to the rollout of AI-enabled products and services across the internal market and contribute further to fragmentation.

European Commission

One reaction on “EU Directive on AI Liability”

Bookmarked Target_Is_New, Issue 212 by Iskander Smit
Iskander asks what about users, next to makers, when it comes to responsible AI? For a slightly different type of user at least, such responsibilities are being formulated in the proposed EU AI Regulation, as well as the connected AI Liability Directive. There not just the producers and distributors of AI containing services or products have responsibilities, but also those who deploy them in practice, or those who use its outputs. He’s right that most discussions focus on within the established system of making, training and deploying AI, and we should also look outside the system. Where in this case the people using AI, or using their output reside. That’s why I like the EU’s legislative approach, as it doesn’t aim to regulate the system as seen from within it, but focuses on access conditions for such products to the European market, and the impact it has within society. Of course, these proposals are still under negotiation, and it’s wait and see what will remain at the end of that process.

As I wrote down as thoughts while listening to Dasha Simons; we are all convinced of the importance of explainability, transparency, and even interpretability, all focused on making the system responsible and, with them, the makers of the system. But what about the responsibility of the users? Are they also part of the equation, should they be responsible too? As the AI (or what term we use) is continuous learning and shaping, the prompts we give are more than a means to retrieve the best results; it is also part of the upbringing of the AI. We are, as users, also responsible for good AI as the producers are.
Iskander Smit

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Ton Zijlstra says:

1 November, 2022 at 09:11

Bookmarked Target_Is_New, Issue 212 by Iskander Smit
Iskander asks what about users, next to makers, when it comes to responsible AI? For a slightly different type of user at least, such responsibilities are being formulated in the proposed EU AI Regulation, as well as the connected AI Liability Directive. There not just the producers and distributors of AI containing services or products have responsibilities, but also those who deploy them in practice, or those who use its outputs. He’s right that most discussions focus on within the established system of making, training and deploying AI, and we should also look outside the system. Where in this case the people using AI, or using their output reside. That’s why I like the EU’s legislative approach, as it doesn’t aim to regulate the system as seen from within it, but focuses on access conditions for such products to the European market, and the impact it has within society. Of course, these proposals are still under negotiation, and it’s wait and see what will remain at the end of that process.

As I wrote down as thoughts while listening to Dasha Simons; we are all convinced of the importance of explainability, transparency, and even interpretability, all focused on making the system responsible and, with them, the makers of the system. But what about the responsibility of the users? Are they also part of the equation, should they be responsible too? As the AI (or what term we use) is continuous learning and shaping, the prompts we give are more than a means to retrieve the best results; it is also part of the upbringing of the AI. We are, as users, also responsible for good AI as the producers are.
Iskander Smit

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💬 Ton Zijlstra