Consumer Protection in the AI Era. A First Reading of the Proposal for the AI Liability Directive

The chapter delves into the European Commission's proposal for the AI Liability Directive (AILD), a crucial component of the EU's regulatory framework for artificial intelligence. It explores the directive's aim to harmonize non-contractual civil liability rules for damages caused by AI systems, addressing legal uncertainty and fragmentation across EU member states. The text examines the AILD's scope, which includes fault-based liability but excludes contractual civil liability, and its complementary relationship with other EU legislation such as the AI Act and the revised Product Liability Directive. A key focus is the AILD's mechanisms to ease the burden of proof for claimants, including rebuttable presumptions and disclosure of evidence, particularly for high-risk AI systems. The chapter also critically evaluates the AILD from a consumer's law perspective, highlighting potential gaps in consumer protection, especially for damages caused by non-high-risk AI systems. It discusses the challenges consumers may face in proving the plausibility of their claims and the potential for legal fragmentation due to undefined terms and varying national interpretations. The text concludes by suggesting that the AILD, as a minimum harmonization directive, may need further measures to achieve its goals of legal certainty and comprehensive consumer protection in the AI era.