Martin Ebers (Humboldt University of Berlin – Faculty of Law; University of Tartu, School of Law) has posted “Liability for Artificial Intelligence and EU Consumer Law” (Journal of Intellectual Property, Information Technology and Electronic Commerce Law) on SSRN. Here is the abstract:
The new Directives on Digital Contracts – the Digital Content and Services Directive (DCSD) 2019/770 and the Sale of Goods Directive (SGD) 2019/771 – are often seen as important steps in adapting European private law to the requirements of the digital economy. However, neither directive contains special rules for new technologies such as Artificial Intelligence (AI). In light of this issue, the following paper discusses whether existing EU consumer law is equipped to deal with situations in which AI systems are either used for internal purposes by companies or offered to consumers as the main subject matter of the contract. This analysis will reveal a number of gaps in current EU consumer law and briefly discuss upcoming legislation.