After 40 years, the European Union has finally replaced the “old” law on liability for defective products, Council Directive 85/374/EEC, by a “new” Product Liability Directive 2024/2853 (PLD). The PLD harmonizes and increases the level of protection of natural persons within the internal market and provides for a much-needed adaptation of the law to the technological advancements and new business models.
The new law will apply to products placed on the market or put into service after December 9, 2026.[1] By the same date, the Member States are required to transpose the directive into their national laws.[2] In departure from the minimum harmonization principle applicable under the old law, the Member States are not allowed to introduce provisions that are more or less stringent than those laid down in the PLD when doing so.[3]
Against this background, companies operating within the European Union are strongly recommended to proactively prepare before the PLD becomes effective. The following contribution summarizes the most significant changes to the existing legal framework and maps out practical steps to prepare the liable parties for the potentially increased liability risk under the new law.
