Novosti glede odškodninske odgovornosti za umetno inteligenco

slovenian

2020

volume 46, issue 6/7

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

Recently, EU institutions are very active in setting the political and legal framework for regulating liability for artificial intelligence. The framework for liability in the Union is based on two pillars, namely the parallel application of Directive 85/374 on product liability, which harmonised the liability of the manufacturer of defective products, and other (non-harmonised) national liability regimes. The question that arises is whether the existing regulation is suitable for the challenges posed by the use of artificial intelligence. The European Commission and the European Parliament agree that certain adjustments to existing legislation are needed. To this end, this paper will provide an overview of the salient issues and proposed solutions in the White Paper on Artificial Intelligence and in the Draft Report with Recommendations to the Commission on the Civil Liability Regulation for Artificial Intelligence. In addition to possible amendments to Directive 85/374, an enactment of a new regulation governing specific aspects of liability relating to artificial intelligence is proposed. The focus of EU institutions is on the distinction between low-risk and high-risk applications. While strict liability is proposed for high-risk applications, the question of the adequacy of fault liability with a possible reversal of the burden of proof arises for non-high-risk applications. While any amendments to Directive 85/374 will need to be implemented in the Slovenian legal order, most likely through amendments to the Consumer Protection Act, the proposed new regulation will be applied directly, without implementing measures. The changes will therefore affect the civil liability regime in Slovenia, as they will further fragment and Europeanise it.

23.03.2021