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Product Liability for Software: The 2024 Directive

For forty years it was arguable that software was not a product, and therefore not covered by strict liability. Directive (EU) 2024/2853 ends that argument, applies to products placed on the market from 9 December 2026, and reaches cloud services a device depends on. It also lets courts order disclosure of your evidence and presume defectiveness when complexity makes proof excessively difficult. This path follows the Directive: what is now a product, what counts as a defect, who pays for what, and how a claim is proved.

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Lessons, in order

  1. 1
    Law & Compliance
    Software as a Product: What the New Liability Directive Changed
    Start
  2. 2
    Law & Compliance
    Defectiveness: The Safety a Person Is Entitled to Expect
    Start
  3. 3
    Law & Compliance
    Who Pays, and For What Damage
    Start
  4. 4
    Law & Compliance
    Proof: Disclosure, Presumptions, and the Complexity Rule
    Start