Insights European Economic and Social Committee (EESC) publishes opinion on EU Commission’s Proposal for Directive on adapting non-contractual civil liability rules to artificial intelligence


The EESC opinion welcomes and supports the Commission’s proposal to improve the rights of victims who have suffered any damage, as defined in national law, due to the wrongful use of artificial intelligence (AI). The Committee also says that it recognises that minimal harmonisation is the best way to achieve this, but that it is concerned that it might result in different interpretations by stakeholders in development and supply chains and by the courts. It therefore insists on clear legal definitions and stresses the need to ensure that those who will have to apply this new legislation across the EU have the requisite digital competence.

The Committee also calls a network of alternative dispute resolution bodies to be set up to make it easier for victims to exercise their rights and to collect more evidence on the outcomes of the application of the Directive.

The Committee appreciates the balance the Directive strikes between victims’ rights and the interests of AI developers, but calls on the Commission to monitor closely the development of financial guarantees and insurance covering AI liability.

The Committee recommends that the Directive undergoes a review three years after it enters into force and says that it is willing to be involved in this review and to assess the experience of EU civil society organisations.

Finally, the Committee asks to be involved and consulted in setting ethical standards in this area. To access the EESC’s opinion, click here.