Publication excerpt
"One of the main justifications for revisiting the Old Product Liability Directive (PLD) was a concern that the product liability regime had not kept pace with technology. It was not 'fit for the digital age' and it was, at the least, unclear whether and, if so, how the provisions of the Old PLD would cover products such as software, artificial intelligence, and related services. The New PLD states explicitly that 'product' means 'all movables, even if integrated into, or inter-connected with, another movable or an immovable; it includes electricity, digital manufacturing files, raw materials and software'. By this and other definitions, the New PLD clarifies that it covers all types of software, including applications, operating systems and AI systems."
- Dr Adela Williams & Tom Fox, Arnold & Porter
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About the contributing editors
Dr Adela Williams
Arnold & Porter
Dr Adela Williams is a partner in the London office of Arnold & Porter, specialising in product liability litigation (unitary actions and group litigation), principally involving life sciences clients and including claims involving unlicensed medical products, in the research context as well as marketed products. Such litigation has often involved co-ordinating proceedings within Europe and advising on forum and other jurisdictional issues. |
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Tom Fox
Arnold & Porter
Tom Fox is a counsel in the London office of Arnold & Porter, whose practice focuses on litigation and general product safety regulatory work. His main litigation practice concerns the defence of product liability claims on behalf of medical device and pharmaceutical companies. He also has considerable experience in commercial litigation and personal injury. |
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About the International Comparative Legal Guide (ICLG) series:
Since 2003, the ICLG series has been providing practical insights and intelligence on cross-border law to professionals worldwide. The series is divided into 58 key practice areas, each featuring a set of directly comparable, annually updated Q&A chapters covering key jurisdictions, as well as expert analysis chapters giving detailed commentary on issues and trends of global importance.
To become a contributor, please get in touch.
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