New Product Liability Directive
For products placed on the market after 9 December 2026, software counts as a product, missing security updates can make a product defective — and the EU importer is liable when the manufacturer sits outside the EU.
- Reference
- Directive (EU) 2024/2853
- Status
- Applies soon
- Sources last checked
What it is
The new directive replaces the 1985 Product Liability Directive and keeps strict (no-fault) liability, adapted to digital products, AI and global supply chains. Member States must transpose it by 9 December 2026; it applies to products placed on the market or put into service after that date. As of the last review we found no published Austrian implementing law.
Who is affected
Manufacturers (including software and AI providers), importers, authorised representatives, fulfilment service providers and — under conditions — online platforms and distributors; anyone who substantially modifies a product.
What you have to do
- Treat firmware, software and digital services as part of your liability exposure.
- Plan and document security updates for products under your control — failing to provide them can make a product defective.
- Importers of non-EU products: you are a liable party in the EU (together with any authorised representative) — require complete technical files and insurance cover.
- Keep evidence: courts can order disclosure, and defectiveness can be presumed if relevant documents are not produced.
Fact check
Not correct “Software is not a product, so there is no strict liability.”
Under the new directive software — including AI systems and firmware — is explicitly a product.
Not correct “We can exclude liability in our terms and conditions.”
Liability towards the injured person cannot be limited or excluded by contract.
Sources
- Directive (EU) 2024/2853 (product liability) — Official Journal text (opens external website) ↗
- Liability for defective products (opens external website) ↗
General information, not legal advice. Authentic are only the texts published in the Official Journal of the EU and the Austrian Federal Law Gazette.
Not sure where your product stands?
Send us the product and its documents. We check the technical file against the rules on this radar and tell you what is missing — and source an EU-ready alternative if needed.