law
Product Liability Directive
Liability law: who pays when a defective product harms a person. Software counts as a product, and the new rules reach products placed on the market after 9 December 2026.
at a glance
- what it is
- Directive (EU) 2024/2853. Liability law, without fault: a person harmed by a defective product can claim compensation without proving anyone was careless. It reaches you through your national law.
- who it covers
- Manufacturers of products and components, providers of related digital services, importers, authorised representatives, fulfilment service providers and, in some cases, distributors and online platforms.
- who can claim
- Natural persons only. A company cannot claim for its own losses under this directive.
- the size line
- None for liability. Micro and small software makers may agree by contract that the company building their software in waives its claim against them.
- fine ceilings
- None. There is no regulator and no fine. Courts award compensation, and liability towards the injured person cannot be limited by contract.
- dates
- National laws due by 9 December 2026. The new rules reach products placed on the market or put into service after that date; older products stay under the 1985 directive.
basis PLD Art. 1, 2(1), 4(15), 5(1), 8(1), 8(3), 8(4), 12(2), 15, 21, 22(1)
does it apply to you?
A few questions, answered in your browser, tell you which rules are yours. Nothing is sent anywhere.
find my ruleswho answers a claim for a defective product
- Is the manufacturer of the product, or of the defective component, established in the EU?noyesThe manufacturer answers. So does the maker of a defective component it built in or connected.
- Is there an importer or an authorised representative in the EU?noyesThey answer as well, alongside the manufacturer.
- Is there a fulfilment service provider that stored, packed or shipped it?noyesIt answers, alongside the manufacturer.
- If no one in the EU can be identified, each distributor answers, unless it names a liable operator or its own supplier within one month of being asked.
basis PLD Art. 8(1), 8(2), 8(3), 12(1)
how a claim is proved, and where the court presumes
- 1a plausible claimthe injured person shows enough facts and evidence
- 2disclosurethe court can order you to disclose relevant evidence
- 3the three things to provea defect, the damage and the link between them
- 4your defencesyou may rebut every presumption
where the court presumes the defect or the link
- you did not disclosethe defect is presumed
- a mandatory safety requirement was brokenthe defect is presumed
- an obvious malfunction in normal usethe defect is presumed
- damage typical of that defectthe link is presumed
- excessive technical difficultythe court presumes what the claimant shows to be likely
basis PLD Art. 9(1), 10(1), 10(2), 10(3), 10(4), 10(5)
the whole job, in order
Phases, with who carries each step and the proof it leaves. Open a phase to see its steps.
- find where the directive reaches you
Know which of your products fall under the new rules, what role you play for each and what stays within your control after release.
- keep the evidence a court can ask for
Be able to show what each release was when it left your hands, and to produce it when a court orders disclosure.
- decide and run an update policy
Decide how long you keep products safe with updates, make updates reach users and know when an update changes the product.
- check your supplier and customer terms
Know who made what is inside your product, and make sure your contracts support recourse and evidence.
- decide on insurance and set up a claims route
Make a board decision on cover and know what happens on the day a claim or an evidence request arrives.
the dates
What applies when. The reference sits under each date.
- 9 December 2026deadline for member states to write the Product Liability Directive into national lawPLD Art. 22(1)coming
- 9 December 2026the 1985 directive is repealed; the new rules reach products placed on the market or put into service after this datePLD Art. 2(1), 21coming
- 9 December 2026last day for member states to notify existing rules that take away the state-of-the-art defencePLD Art. 18(1)coming
the fine ceilings
The ceilings each text sets. The reference sits under each.
- PLDno fines and no cap in the directive: courts award compensation to the injured personPLD Art. 5(1), 15
Liability towards the injured person cannot be limited or excluded by contract.
what it asks, and ways to meet it
The rule says what must be true in the company. It names no tools or methods: you choose them, and the people implementing it and the board answer for the choice. Under each requirement are the controls that usually deliver it. That grouping is our reading of the rule, not a list from the act.
the long read
The full explanation, section by section, with the sources.