Artificial Intelligence and the question of liability

19.12.2022

At an online conference organised by the Academy of European Law (ERA), Christiane Wendehorst gave presentations on the proposal for a new AI Liability Directive and on the role of AI in contracting.

In December 2022, Christiane Wendehorst spoke as one of the high-profile speakers at the conference "Artificial Intelligence and the Digital Economy" organised by the Academy of European Law (ERA). In two separate presentations, she both analysed the European Commission’s Proposal for an AI Liability Directive (AILD) from September 2022 and the role which AI may play in contracting and for contractual liability.

The Proposal for an AILD takes a very cautious approach, restricting itself to very few provisions on the disclosure of evidence and on the burden of proof for cases where a victim claims to have suffered harm from AI and relies on fault liability. Wendehorst analysed the provisions in detail and reached the conclusion, that the provisions might as well have been integrated into the Proposal for a revised Product Liability Directive published on the same day. 

Wendehorst has been deeply involved in preparatory academic work leading up to the two new Proposals. Together with colleagues, including Bernhard Koch and Piotr Machnikowski, she co-authored a Commission Expert Group report on  “Liability for AI and other Emerging Digital Technologies” as well as a full draft proposal by the European Law Institute (ELI) for a new Product Liability Directive. She had previously also co-authored a study for the European Commission on “Safety and Liability Related Aspects of Software”, together with Yannic Duller