09/10/2023 – Brussels
In response to today’s vote on the revision of the Product Liability Directive by the IMCO and JURI Committees, we have seen several improvements to the initial proposal. However, industry maintains its reservations regarding the inclusion of standalone software and the concept of immaterial harm within the scope.
While attempts have been made to clarify the presumption of defectiveness, we believe that the suggested de-facto reversal burden of proof (art. 9) could introduce undue ambiguity and disproportionate impacts across the entire value chain if the notion of technical or scientific complexity is not clarified.
To strike a fair balance, we must carefully consider disclosure obligations to safeguard confidential information and trade secrets more effectively and we therefore appreciate the efforts made by the Parliament here, however maintain the further work is needed.
In conclusion, in addition to protecting consumers from injury or damage from defective products, the Product Liability Directive (PLD) must also safeguard EU businesses against unwarranted claims and excessive disclosure requests, while maintaining clarity and fairness in the process. We encourage decision makers to strive for a balanced and legally certain framework.
The following quote can be attributed to Siada El Ramly, Director General, DOT Europe: “The Product Liability Directive should strike a proper balance between the interests of consumers and EU businesses. We maintain our reservations regarding the significant expansion of the scope and eligible damages which would would result in adverse consequences for businesses with limited added benefits for consumers. We look forward to continue working constructively with policymakers as the file enters trilogue negotiations.”
For more information from DOT Europe contact:
+32(0) 472 26 83 02
Notes to the editor:
DOT Europe (previously called EDiMA) is the voice of the leading internet companies in Europe. DOT Europe’s mission is to develop ideas and support policy initiatives that foster an innovative, open and safe internet for Europe’s citizens and businesses. More information is available here: https://doteurope.eu/
DOT Europe represents 22 of the leading internet companies: Airbnb, Amazon, Apple, Discord, Dropbox, eBay, Etsy, Expedia Group, Google, Indeed, King, Meta, Microsoft, Mozilla, Nextdoor, OLX, Shopify, Snap, Spotify, TikTok, Twitter, Yahoo.
Its members produce and manage a variety of products, services and applications including browsers, entertainment platforms, social networks, marketplaces and review sites. More information is available here: https://doteurope.eu/members