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JAN 29, 2025 | EUROPEAN UNION

BSA and Industry Groups Call on EU to Withdraw AI Liability Directive

BRUSSELS  – The Business Software Alliance and a coalition of leading industry associations are calling on European Union policymakers to withdraw the proposed Artificial Intelligence Liability Directive (AILD), emphasizing that this would align with the EU's goals of regulatory simplification, foster innovation, and enhance competitiveness.

“The AILD would add unnecessary legal complexity and uncertainty to an already intricate and novel legal framework impacting AI in Europe,” the coalition said. Its added value is, at best, unclear, given the existing legal frameworks on liability and consumer protection.”

The Product Liability Directive (PLD), which already extends liability rules to AI and software, should be implemented and assessed before introducing additional frameworks. AI is also subject to the AI Act, GDPR, Digital Services Act, Data Act, and Cyber Resilience Act, many of which have yet to take effect, and their interactions, overlaps, and combined impact remain to be assessed and understood. Moreover, adding further regulation risks disrupting well-established contractual liability practices, which allow businesses the flexibility to tailor liability agreements to their specific needs.

The Draghi Report on Competitiveness highlights the need for a clear, streamlined regulatory framework to support AI development in Europe. Withdrawing the AILD would align with the EU’s commitment to regulatory simplification and provide a more stable legal environment for AI innovation.

The full statement can be read here.

ABOUT BSA

The Business Software Alliance (www.bsa.org) is the global trade association of the enterprise software industry, representing companies that are leaders in artificial intelligence, cybersecurity, cloud computing, and other cutting-edge technologies. We work in over 20 markets in the US, Europe, and Asia, advocating for policies that build trust in technology so that every industry sector and the public can benefit from innovation. BSA also supports its members and their customers by raising awareness of the risks of unlicensed software use and the benefits of software asset management, driving license compliance and software adoption around the world through sound IT procurement.

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