Liability for Artificial Intelligence and EU Consumer Law

Journal of Intellectual Property, Information Technology and Electronic Commerce Law“

18 Pages Posted: 28 May 2021

See all articles by Martin Ebers

Martin Ebers

Humboldt University of Berlin - Faculty of Law; University of Tartu, School of Law

Date Written: February 01, 2021

Abstract

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

Ebers, Martin, Liability for Artificial Intelligence and EU Consumer Law (February 01, 2021). Journal of Intellectual Property, Information Technology and Electronic Commerce Law“, Available at SSRN: https://ssrn.com/abstract=3855110

Martin Ebers (Contact Author)

Humboldt University of Berlin - Faculty of Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany

University of Tartu, School of Law ( email )

Tartu
Estonia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
214
Abstract Views
507
rank
208,364
PlumX Metrics