EU Product Liability Directive 2026: New Rules Explained

The European Union is introducing significant changes to its product liability framework. From 9 December 2026, new rules will make it easier for consumers to seek compensation for damage caused by defective products and expand potential liability across the supply chain.

For manufacturers, importers, distributors and online sellers, the revised Product Liability Directive (EU) 2024/2853 introduces important legal and commercial considerations. Businesses placing products on the European market should review their product safety procedures, technical documentation and contractual responsibilities before the new rules become applicable.

The directive also has important implications for businesses located outside the EU, particularly those relying on European importers, authorised representatives or fulfilment service providers.

This article explains what is changing, who may be held liable and how businesses can prepare.

What Is the EU Product Liability Directive?

The EU Product Liability Directive establishes a legal framework under which individuals can claim compensation for damage caused by defective products.

The original framework was introduced in 1985 through Council Directive 85/374/EEC. It established the principle of strict liability, meaning that an injured person does not generally need to prove that a manufacturer acted negligently.

Instead, the claimant must establish that:

• A product was defective.
• The claimant suffered compensable damage.
• The defect caused that damage.

The revised Product Liability Directive (EU) 2024/2853 maintains this fundamental principle while adapting the rules to modern products, digital technologies and international supply chains.

The legislation addresses developments that were not adequately covered by the original framework, including connected devices, software, artificial intelligence, online marketplaces and products manufactured outside the European Union.

Importantly, product liability is different from regulatory product compliance. Compliance legislation establishes obligations intended to prevent unsafe products from entering the market. Product liability legislation determines when economic operators must compensate individuals for damage caused by defective products.

Both frameworks are relevant to businesses selling consumer products in Europe.

When Does the New EU Product Liability Directive Apply?

The revised directive entered into force on 8 December 2024.

EU Member States must transpose its provisions into national legislation by 9 December 2026.

The new framework applies to products placed on the market or put into service from that date.

Products placed on the market or put into service before 9 December 2026 generally remain subject to the previous Product Liability Directive.

This distinction is particularly important for manufacturers and retailers managing existing inventory.

For example, a product first placed on the EU market before the transition date may remain subject to the previous liability regime, even if an injury occurs later.

However, businesses should not assume that the manufacture date alone determines which framework applies. The legally relevant date concerns when the product was placed on the market or put into service.

Companies should therefore maintain reliable records of product identification, production batches, distribution and market placement.

What Are the Main Changes Under Directive (EU) 2024/2853?

The revised directive introduces several changes that affect product manufacturers and other economic operators.

1. Broader Definition of Products

One of the most significant changes is the expanded definition of a product.

The new legislation explicitly covers software and digital manufacturing files, alongside traditional physical products.

This means that product liability may arise from defects involving:

• Consumer electronics and connected devices.
• Software and firmware.
• Artificial intelligence systems.
• Smart home products.
• Digital manufacturing files.
• Products incorporating software-controlled safety functions.

The directive also addresses certain related digital services integrated into products.

For example, a connected household appliance may depend on software updates or digital services to operate safely.

If a defect in these elements causes compensable damage, the manufacturer or another liable economic operator may face a product liability claim.

The directive therefore makes clear that product safety responsibilities increasingly extend beyond physical components.

2. Greater Exposure for Non-EU Manufacturers and Their EU Supply Chains

The revised directive strengthens the framework for identifying an economic operator within the European Union against whom an injured person may bring a compensation claim.

This is particularly relevant to manufacturers based in China, the United Kingdom, the United States and other countries outside the EU.

Under Article 8, liability may extend to several economic operators, depending on their role and the circumstances.

These include:

• Manufacturers of defective products.
• Manufacturers of defective components.
• EU importers.
• Authorised representatives appointed by manufacturers outside the EU.
• Fulfilment service providers in certain circumstances.
• Distributors in specified situations.

An important distinction is that liability does not automatically apply to every business involved in a product's distribution.

The directive establishes specific conditions and an order of responsibility for identifying potentially liable economic operators.

For example, where a manufacturer is established outside the EU, the importer or the manufacturer's authorised representative may be held liable under the directive.

Where neither is established in the EU, a fulfilment service provider may become relevant, provided the applicable legal conditions are satisfied.

Businesses should therefore examine how their products enter the European market and which economic operators perform legally recognised functions within their supply chains.

3. EU Authorised Representatives May Face Product Liability

For non-EU manufacturers, one of the most important developments concerns the potential liability of EU authorised representatives.

Under the revised directive, an authorised representative of a manufacturer established outside the EU may be held liable for damage caused by a defective product.

This represents a significant commercial consideration for companies appointing EU representatives.

However, it is essential to distinguish between different types of representation.

An authorised representative appointed under applicable EU product legislation is not necessarily the same as an economic operator designated to perform responsibilities under the General Product Safety Regulation (GPSR).

The exact legal role, appointment and applicable legislation must be examined before determining whether the representative falls within the liability provisions of Directive (EU) 2024/2853.

Simply displaying an EU company's contact details on product packaging does not, by itself, establish that the company is an authorised representative under the Product Liability Directive.

Equally, appointing an EU representative does not remove the manufacturer's own liability.

Manufacturers should review their representation agreements, product safety documentation, insurance arrangements and contractual allocation of responsibilities.

For EU representatives, the revised framework makes careful product evaluation and documented compliance procedures particularly important.

For additional information about the role of an EU-based economic operator, see our guide on why you need a GPSR Responsible Person to sell in the EU.

4. Easier Access to Evidence in Product Liability Claims

Under the previous framework, injured consumers could face significant difficulties obtaining technical information needed to establish that a product was defective.

This problem is particularly relevant to complex products involving electronics, software or multiple components.

Article 9 of the revised directive introduces rules allowing courts to order the disclosure of relevant evidence under specified conditions.

For example, a claimant who presents sufficient facts and evidence to make a product liability claim plausible may request access to relevant evidence held by the defendant.

Disclosure must be necessary and proportionate, and courts must consider legitimate interests such as confidential information and trade secrets.

The directive also provides for disclosure requests by defendants.

For manufacturers, this development increases the practical importance of maintaining accurate and accessible technical documentation.

Relevant records may include:

• Product risk assessments.
• Technical files and product specifications.
• Safety testing and laboratory reports.
• Material and component information.
• Supplier declarations.
• Quality control records.
• Product warnings and instructions.
• Software update and change-management records.
• Complaint investigations and corrective actions.

These documents may become relevant evidence in a product liability dispute.

Businesses should establish clear document retention procedures and ensure that compliance information can be retrieved when required.

5. New Rules on the Burden of Proof

The revised directive also addresses situations in which consumers face excessive difficulties proving that a product was defective or that the defect caused damage.

Under Article 10, courts may apply certain presumptions of defectiveness or causation when the statutory conditions are satisfied.

For example, defectiveness may be presumed where a defendant fails to disclose relevant evidence despite a court order.

Presumptions may also arise in circumstances involving non-compliance with mandatory product safety requirements intended to protect against the risk of the damage suffered.

For technically or scientifically complex products, additional presumptions may apply where the claimant demonstrates the likelihood of defectiveness or causation.

These provisions do not mean that every product-related injury automatically establishes manufacturer liability.

The directive continues to require an appropriate legal basis for compensation, and defendants have opportunities to challenge applicable presumptions.

Nevertheless, the revised rules may make product liability claims more accessible.

This creates a stronger incentive for businesses to demonstrate that their products were properly designed, evaluated, tested and monitored.

6. Expanded Categories of Compensable Damage

The new directive also expands and clarifies the types of damage that may qualify for compensation.

Article 6 covers:

Personal injury

This includes death and personal injury, including medically recognised damage to psychological health.

Property damage

Damage to or destruction of property may qualify, subject to the exclusions established by the directive.

The defective product itself is excluded, as is property used exclusively for professional purposes.

Data destruction or corruption

The destruction or corruption of data not used for professional purposes may also qualify as compensable damage.

This is particularly relevant to connected consumer products and software.

For example, a defective connected device that corrupts personal data may create liability exposure even where the incident does not involve traditional physical property damage.

The directive does not establish an unrestricted right to compensation for every financial loss. Compensation remains subject to the categories and conditions established by the legislation and applicable national law.

7. Liability for Substantially Modified Products

The revised directive addresses products that undergo substantial modifications after being placed on the market or put into service.

This is particularly relevant to the circular economy, including refurbished, upgraded and modified products.

Under Article 8, a person who substantially modifies a product outside the original manufacturer's control and subsequently makes it available on the market or puts it into service may be treated as a manufacturer for liability purposes.

Whether a modification is substantial depends on the applicable legal criteria.

Examples may include modifications affecting product safety characteristics or introducing new hazards.

Businesses involved in refurbishment, product upgrades or modification should assess whether their activities create additional manufacturer responsibilities.

Ordinary repairs do not automatically make a repairer the manufacturer of the product.

8. Product Liability and Online Marketplaces

The directive also addresses products sold through online platforms.

Online marketplaces do not automatically become liable for every defective product sold by a third-party merchant.

However, liability may arise where a platform performs a role that qualifies it as an economic operator under the directive.

Additional rules address circumstances in which an online platform presents a product or enables a transaction in a manner that may lead consumers to believe the product is provided by the platform itself or by a trader acting under its authority or control.

These provisions operate alongside the relevant framework established by the Digital Services Act.

For online sellers, the practical message is clear: selling through an established marketplace does not eliminate product liability responsibilities.

Manufacturers and importers remain responsible for their respective legal obligations.

For more information about marketplace requirements, read our article on Amazon EU sales and what GPSR compliance means for online sellers.

How Does the Product Liability Directive Relate to the EU GPSR?

The Product Liability Directive and the General Product Safety Regulation (EU) 2023/988 address different aspects of product safety.

The GPSR establishes preventive product safety obligations for consumer products placed or made available on the EU market.

These include requirements relating to product safety assessment, traceability, technical documentation, manufacturer identification, warnings and corrective measures.

The Product Liability Directive establishes rules governing compensation when defective products cause qualifying damage.

The two frameworks are therefore complementary.

The GPSR focuses on preventing unsafe products from reaching consumers. The Product Liability Directive addresses compensation when defective products cause damage.

For example, consider a household product that overheats and causes a fire.

Under the GPSR, the manufacturer may have obligations concerning product safety, risk assessment, technical documentation, corrective action and notification of dangerous products.

Under the Product Liability Directive, an injured person may seek compensation if the relevant conditions for liability are satisfied.

A failure to comply with applicable product safety requirements may also become relevant when a court evaluates whether a product was defective.

However, GPSR compliance does not automatically protect a manufacturer from product liability claims.

A product may still be considered defective if it fails to provide the safety that a person is entitled to expect, taking into account the circumstances specified in the directive.

Likewise, obtaining a GPSR compliance assessment or certificate does not constitute a guarantee against future product liability.

Businesses should therefore treat regulatory compliance, product safety management and liability risk management as connected but distinct responsibilities.

For further information about regulatory consequences, see our article on what happens if you don't comply with GPSR.

Does GPSR Compliance Reduce Product Liability Risk?

A structured GPSR compliance process can help manufacturers identify hazards, implement preventive measures and document their approach to product safety.

Although this does not eliminate legal liability, it can provide important evidence of the manufacturer's safety management procedures.

For example, a documented risk assessment may demonstrate that a manufacturer considered reasonably foreseeable hazards and implemented appropriate risk reduction measures.

Technical documentation may also help establish which materials, components, standards and test methods were considered during product development.

Clear warnings and instructions can demonstrate how users were informed about residual risks.

However, documentation alone is insufficient if a product is unsafe.

A manufacturer must ensure that the product itself meets applicable safety requirements.

Product safety documentation should accurately reflect the product placed on the market, including its construction, materials, intended use and reasonably foreseeable use.

Manufacturers should also review documentation when significant product changes or new safety information arise.

Is Product Liability Insurance Mandatory Under the New Directive?

Directive (EU) 2024/2853 does not establish a general obligation for all manufacturers or importers to purchase product liability insurance.

Nevertheless, insurance is an important commercial risk management consideration.

A defective product can cause substantial financial losses through personal injury claims, property damage, litigation and related costs.

Businesses should consider whether their existing insurance policies adequately cover:

• Products sold in the European Union.
• Personal injury and property damage claims.
• Relevant software and digital product risks.
• Product liability involving imported products.
• Cross-border legal proceedings.
• Contractual responsibilities within the supply chain.

Insurance requirements may also arise through commercial agreements or other applicable rules.

Manufacturers should review their coverage with a qualified insurance provider, particularly when entering new European markets.

What Should Non-EU Manufacturers Do Before December 2026?

Manufacturers outside the European Union should use the remaining transition period to review their compliance and liability arrangements.

The following measures provide a practical starting point.

Review Your EU Supply Chain

Identify the manufacturer, importer, authorised representative, fulfilment service provider and distributors involved in placing products on the European market.

Determine which entities may fall within the liability framework.

Confirm the Scope of Your EU Representation

Review the legal basis for appointing an EU authorised representative or another responsible economic operator.

Confirm the applicable product legislation, the representative's responsibilities and the terms of the appointment.

Do not assume that all EU representation arrangements have identical legal consequences.

Maintain Complete Technical Documentation

Ensure that technical files contain current product information, risk assessments, relevant test reports and supporting compliance evidence.

Documentation should correspond to the actual products being sold.

Review Product Warnings and Instructions

Confirm that warnings, instructions and safety information address relevant product risks.

Where required, information should be provided in the languages applicable to the intended EU markets.

For further guidance, see our article on labelling requirements for GPSR compliance.

Establish Product Traceability

Maintain reliable records identifying products, batches, manufacturers, suppliers and relevant distribution channels.

Traceability supports product safety investigations, corrective actions and liability assessments.

Review Product Changes and Software Updates

Evaluate whether modifications, replacement components or software updates affect product safety.

Maintain appropriate records of significant changes and associated risk assessments.

Evaluate Insurance and Contractual Arrangements

Review product liability insurance, supplier agreements and contractual responsibilities.

Ensure that liability allocation reflects the actual roles performed by the parties.

Implement Post-Market Monitoring

Establish procedures for receiving and investigating product complaints, identifying emerging hazards and implementing corrective actions.

A product safety assessment should not be treated as a one-time administrative exercise.

For guidance on corrective actions, see our article on how to handle a product recall under the EU General Product Safety Regulation.

How Can EaseCert Support Product Safety Compliance?

At EaseCert, we help manufacturers, importers and online sellers understand and meet their European product safety obligations.

Our services focus on practical regulatory compliance, particularly the requirements of the General Product Safety Regulation (EU) 2023/988.

Depending on the product and applicable legislation, our services include:

GPSR Risk Assessments

We prepare structured product risk assessments identifying relevant hazards, foreseeable risks and appropriate risk reduction measures.

Technical Documentation

We help manufacturers compile product-specific technical documentation, including product descriptions, safety assessments and supporting compliance evidence.

EU Responsible Person Services

We provide EU Responsible Person services within the scope of applicable product legislation, helping non-EU manufacturers establish the required economic operator arrangements for their products.

Product Labelling and Safety Information

We review product identification, manufacturer information, responsible economic operator details, warnings and relevant safety labelling requirements.

EU Safety Gate Support

We assist businesses with relevant product safety notification and corrective action procedures.

Our objective is to help businesses establish clear, documented and practical compliance processes before products reach European consumers.

EaseCert's compliance services do not replace legal advice, product liability insurance or the manufacturer's responsibility for product safety.

Conclusion: Product Safety Documentation Matters More Than Ever

The revised EU Product Liability Directive introduces important changes to the legal responsibilities of manufacturers and other economic operators.

By expanding the scope of covered products, strengthening access to evidence and clarifying liability across international supply chains, the directive increases the importance of effective product safety management.

For businesses selling consumer products in Europe, the transition to the new framework provides an opportunity to review existing compliance procedures.

Manufacturers should pay particular attention to technical documentation, product risk assessments, supply chain responsibilities and EU representation arrangements.

The central message is straightforward: regulatory compliance does not eliminate product liability, but a well-documented product safety process is an important part of managing risk.

Need Support With EU Product Safety Compliance?

EaseCert supports international manufacturers and online sellers with GPSR compliance, product risk assessments, technical documentation, EU Responsible Person services and safety labelling.

If you are preparing to sell products in the European Union or reviewing your existing compliance arrangements, our team can help you identify the applicable requirements and prepare the necessary documentation.

Official EU References

The following official European Union sources provide the legal basis and additional background information for the revised Product Liability Directive and related product safety obligations.

1. Directive (EU) 2024/2853 on Liability for Defective Products
   European Parliament and Council of the European Union, 23 October 2024.
   Official Journal of the European Union, 18 November 2024.
   The primary legislative text establishing the revised EU product liability framework, including the scope of products, liable economic operators, compensable damage, disclosure of evidence and burden of proof.
   Read Directive (EU) 2024/2853 on EUR-Lex
2. Council Directive 85/374/EEC on Liability for Defective Products
   Council of the European Communities, 25 July 1985.
   The original EU product liability framework, which is replaced by Directive (EU) 2024/2853 for products placed on the market or put into service from 9 December 2026.
   Read Council Directive 85/374/EEC on EUR-Lex
3. Regulation (EU) 2023/988 on General Product Safety (GPSR)
   European Parliament and Council of the European Union, 10 May 2023.
   The principal EU regulation establishing general safety requirements for consumer products, including obligations concerning risk assessment, traceability, technical documentation, product information and corrective actions.
   Read Regulation (EU) 2023/988 on EUR-Lex
4. European Commission: Liability for Defective Products
   European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs.
   Official European Commission information concerning the EU product liability framework and its modernisation.
   European Commission: Liability for Defective Products
5. EU Brings Product Liability Rules in Line With Digital Age and Circular Economy
   Council of the European Union, 10 October 2024.
   Official Council announcement explaining the revised directive, including liability for software, digital products, substantially modified products and economic operators involved in international supply chains.
   Read the Council of the European Union announcement
6. Regulation (EU) 2022/2065: Digital Services Act
   European Parliament and Council of the European Union, 19 October 2022.
   The EU legal framework governing digital intermediary services and online platforms, including provisions relevant to online marketplaces.
   Read the Digital Services Act on EUR-Lex

Disclaimer: This article provides general information about EU product safety and product liability legislation. It does not constitute legal advice. The application of Directive (EU) 2024/2853 depends on the circumstances of each case and the relevant national implementing legislation.