What You Need to Know About EU Product Liability Directive

What You Need to Know About the EU Product Liability Directive (2024/2853)

The European Union has officially updated its product liability rules. The EU Product Liability Directive (EU) 2024/2853, which entered into force on 8 December 2024, modernises the existing framework to reflect today’s complex supply chains, digital products, and consumer expectations.

EU Member States must transpose the directive into national law by 9 December 2026. The new rules will apply to any product placed on the market or put into service after that date.

Official reference: European Commission – Product Liability

Why Was the Directive Updated?

The previous directive, adopted in 1985, no longer reflected the reality of the modern product landscape. Digital goods, AI-enabled systems, and complex multinational supply chains required clearer, more robust liability rules. The new directive ensures that consumers harmed by defective products (whether physical or digital) can access compensation more easily.

Key Changes Under the EU Product Liability Directive

1. Wider Product Scope

The definition of a “product” now includes:

  • Standalone or embedded software
  • Digital manufacturing files (e.g. CAD/3D printing files)
  • Products with AI or digital service components
  • Items provided free of charge as part of commercial activity

This aligns the liability rules with the product types already covered under the General Product Safety Regulation (GPSR).

2. Broader Economic Operator Coverage

Liability extends to multiple actors in the supply chain, including:

  • Manufacturers (EU and non-EU)
  • Importers
  • Distributors, when relabeling or modifying a product
  • Fulfilment service providers, in certain cases

3. Presumption of Defect in Complex Situations

In cases where technical complexity prevents a consumer from proving a defect, courts may presume a defect exists if:

  • The product clearly failed under normal use
  • It does not comply with mandatory safety requirements
  • The complexity of the technology makes evidence inaccessible

Operators must therefore maintain robust technical documentation and traceability.

4. New Categories of Compensable Damage

Consumers can now claim compensation for:

  • Physical injury
  • Medically recognized psychological harm
  • Damage to or destruction of private digital data
  • Property damage of any amount (no longer subject to a €500 threshold)

These changes align with the broad safety principles already outlined in GPSR risk assessments.

5. Longer Liability Periods

The directive extends the timeline for bringing claims:

  • 3 years from when the injured party becomes aware of the damage, the defect, and the liable person
  • 10 years from the date the product was placed on the market (extendable up to 25 years for latent injuries)

6. Court-Ordered Access to Evidence

Claimants can request a court to compel economic operators to disclose relevant technical or safety documentation to help prove the defect or link to damage.

This reinforces the need for structured compliance documentation, as already required under GPSR Technical File requirements.

Who Is Liable?

Liability applies to the economic operator that:

  • Manufactured or imported the product into the EU
  • Assembled, packaged, or significantly modified the product
  • Sold or distributed a product under its own name or trademark

If no such actor is established in the EU, a fulfilment service provider may be held liable. 

What Should Importers and Online Sellers Do?

If you're placing products on the EU market, especially as an importer or fulfilment provider, you need to:

  • Ensure you have clear, written agreements with your suppliers about liability and product safety responsibilities
  • Maintain complete technical documentation including testing reports and risk assessments
  • Verify that labelling is compliant - see our guide on GPSR labelling requirements
  • Keep a record of all safety instructions, warnings, and updates

How EaseCert Can Help

At EaseCert, we help brands meet product safety obligations under GPSR. While we don’t provide legal liability representation, our documentation services help clients avoid non-compliance risks that could trigger legal exposure under the Product Liability Directive.

Our services include:

Contact us if you need help preparing for the new directive before it becomes enforceable in 2026.

Frequently Asked Questions

Does the EU Product Liability Directive apply to digital products?

Yes. The new directive explicitly includes standalone software, embedded firmware, and digital manufacturing files. If a defect in a digital component causes damage, liability may apply under the new rules.

When will the new directive become enforceable?

The directive entered into force on 8 December 2024. EU Member States must transpose it into national law by 9 December 2026. It will apply to products placed on the market or put into service after that date.

What if my product causes psychological harm but not physical injury?

The new rules allow compensation for medically recognized psychological harm, even if no physical injury occurred. This expands the scope of damages compared to the previous directive.

Does the directive apply to free products?

Yes. Products provided free of charge in the context of commercial activity—such as promotional items or bundled software—are covered if they cause damage due to a defect.

Can consumers request access to internal company documents?

In certain cases, yes. Courts may order economic operators to disclose technical documents that could help prove a defect or establish causation, especially in complex or high-risk cases.

What’s the difference between product safety and product liability?

Product safety rules (like the GPSR) set legal obligations to prevent harm. Product liability rules determine what happens after harm occurs due to a defect. Both are essential for market access and risk mitigation.

 

Conclusion

The revised EU Product Liability Directive creates a more consumer-friendly and balanced framework. For businesses, it increases the need for clear documentation, defined roles in the supply chain, and proactive safety planning. While the directive is not yet enforceable, companies should act now to reduce their risk exposure.

For guidance on GPSR and documentation that supports your compliance with EU safety rules, get in touch with EaseCert.

 

Further Reading and Official Sources

Show more insights

Get in Touch with EaseCert