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New EU product liability rules will apply to online platforms and software from December 2026

Legislation

19 August 2026

New EU product liability rules will apply to online platforms and software from December 2026

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Directive (EU) 2024/2853 updates the EU’s product liability framework to reflect the growing role of digital products, extending liability rules to software, AI-enabled products and online marketplaces. The new rules will apply from 9 December 2026.

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European Parliament

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EU-27

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Company with 250 or more employees

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Industry Associations and Chambers of Commerce

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SMEs (a company with less than 250 employees)

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    • Retail

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The directive expands the definition of a “product” to include software, digital manufacturing files and movable goods that are integrated into or connected with other products, reflecting the increasing use of AI and connected technologies in consumer goods. It also makes it easier for consumers to establish liability when seeking compensation, particularly in cases involving technically complex products such as software and AI-enabled goods.

For the retail and e-commerce sectors, an important change is that liability can also extend to online platforms and fulfilment service providers, alongside manufacturers and importers, when a defective product causes damage. The rules will apply to products placed on the EU market from 9 December 2026, regardless of where the responsible economic operator is based. Member States must transpose the directive into national law by the same date.

#DigitalRetail #ProductSafetyEU

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