Am I liable for damage caused by my software or product?

For products placed on the market after 9 December 2026 the new EU liability directive applies: the manufacturer is liable for damage caused by a defective product regardless of fault, and software (apps, AI systems, also when offered as a service) is expressly a product. Importers, authorised representatives, fulfilment service providers and online platforms can share liability. Free open source outside a commercial activity is excluded.

Who must?

Manufacturers of goods and software, importers into the EU, authorised representatives, fulfilment service providers; a distributor that does not identify the manufacturer.

What to do?

1. Keep technical documentation and software versions; know what you placed on the market and when.
2. Provide security updates while the product is under your control; a defect can arise from a missed update.
3. Check your liability insurance and the contracts with component suppliers.

Where to file?

Nothing is filed; the injured person sues in court.

Who checks?

Member state courts (civil liability), no supervisory authority

Fine

No fine: this is compensation to the injured person (no cap for personal injury).

What if I am already late?

Applies to products placed on the market after 9 December 2026; older versions stay under the old rules.