Navigating the Future:
Understanding EU Directive 2024/2853 on Manufacturer’s Liability for Defective Products
The Directive 2024/2853 introduces several groundbreaking updates:
—Redefinition of Defective Products: The definition now includes not only physical products but also software. Additionally, software developers and creators are now considered manufacturers under this directive.
—Evaluation of Product Defectiveness: The criteria for determining defectiveness have been revised, ensuring a more comprehensive assessment.
—Extended Liability: The directive clearly delineates the responsibilities of manufacturers, importers, and distributors, making the supply chain more accountable.
—Online Sales and Substantial Modifications: The new directive addresses the complexities of online sales and the substantial modifications of products.
On October 23, 2024, the European Union issued Directive 2024/2853, marking a significant shift in the landscape of product liability within the EU. This new directive, set to replace the previous Directive 85/374/EEC, will come into effect on December 9, 2026. By this date, all member states are required to align their national laws with the new provisions.Key Innovations and Changes