European Union: European Commission announced work programme including withdrawal of Artificial Intelligence liability directive

On 11 February 2025, the European Commission announced the 2025 work programme including the withdrawal of the directive on adapting non-contractual civil liability rules to artificial intelligence (AI). The directive sought to address issues of causality and fault in AI-related damages. It intended to ensure that persons harmed by AI systems enjoy the same level of protection as persons harmed by other technologies. Key provisions included lowering evidentiary hurdles for victims, enabling courts to compel AI providers to disclose evidence, and introducing a presumption of causation if certain conditions are met. The decision follows the Commission's assessment that no foreseeable agreement could be reached. It was highlighted that alternative proposals or approaches may be considered.