Liability for Artificial Intelligence and EU Consumer Law
Journal of Intellectual Property, Information Technology and Electronic Commerce Law“
18 Pages Posted: 28 May 2021
Date Written: February 01, 2021
The new Directives on Digital Contracts – the Digital Content and Services Directive (DCSD) 2019/770 and the Sale of Goods Directive (SGD) 2019/771 – are often seen as important steps in adapting European private law to the requirements of the digital economy. However, neither directive contains special rules for new technologies such as Artificial Intelligence (AI). In light of this issue, the following paper discusses whether existing EU consumer law is equipped to deal with situations in which AI systems are either used for internal purposes by companies or offered to consumers as the main subject matter of the contract. This analysis will reveal a number of gaps in current EU consumer law and briefly discuss upcoming legislation.
Keywords: Artificial Intelligence; AI; EU Consumer Law; Digital Content and Services Directive; Sale of Goods Directive; Liability
JEL Classification: K13, K39
Suggested Citation: Suggested Citation