EU 제조물책임지침 개정안의 주요 내용과 시사점

Abstract

The revision of EU Product Liability Directive make rules to work better for new digital technologies, circular economies and global value chains, and products such as software, artificial intelligence(AI) systems or digital services are now explicitly included in liability rules. It is an internal assessment that the revision will ensure that consumers continue to be effectively protected against damage caused by products, and will help reduce costs and give companies the confidence they need to invest in innovative products through harmonious EU regulations.
 It is meaningful to expand the scope of liability of products to SW at a time when artificial intelligence is becoming the center of the industry or economy, and the traditional manufacturing industry is declaring a transformation to SW companies.
 When PLD was implemented in 1985, there is a big difference now from the industrial environment. In current, software is downloaded and used on smart devices or cloud-type access-type services are the mainstream. Above all, the amendment stipulates artificial intelligence or SW in specific forms in economic or industrial activities. In many cases, black-boxed artificial intelligence cannot explain how developers have reached a conclusion, and problems arising from services using artificial intelligence or performed by artificial intelligence are not known, so the responsibility is unclear and it is not easy to compensate victims.
 The EU is pushing for revision of PLD or AI-related legislation to recognize product liability regardless of product characteristics if artificial intelligence is included. Given that artificial intelligence is becoming black-boxed and that humans cannot confirm or explain the decision-making process, it would be reasonable to burden AI developers or manufacturers with responsibility for problems and accidents.