Mann steuert Geräte mit Smart Home — Credit: Halfpoint – AdobeStock

Product liability

Digital voice assistants, robot vacuum cleaners, smart TVs: internet-connected hardware is an established part of everyday life. However, their level of security varies greatly from model to model. Some of them are incorrectly programmed or easy to hack.

After almost 40 years, the European legislator has given product liability law the necessary update. To protect consumers, the rules have been adapted to the requirements of the digital world inter alia by clarifying that software is a product. Also, the circle of liable economic operators has been expanded. The Federation of German Consumer Organisations (vzbv) welcomes the new Product Liability Directive (PLD) and will monitor whether easing the burden of proof in complex cases will help consumers sufficiently.

vzbv calls for a consumer-friendly transposition into national law.

      
        vzbv demands    
    Presumptions regarding defectiveness and causation must be implemented in national law without restrictive concretisation.
Online marketplaces must neither exclude nor limit product liability in relation to consumers.
To ensure the highest possible level of consumer protection, the German legislator should use the options given by the PLD at Member State level.
Operators of online marketplaces must be subsidiarily liable without restrictions if no other economic operator is tangible.
Limitation periods for liability should be based on the average product lifespan and be at least 20 years. 

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Eine Hand hält ein Handy, auf dem "Smart Home" steht. Dahinter sieht man eine Küche, in der verschiedene Smart-Home-Geräte markiert sind. — Credit: AdobeStock - nicoelnino

13.12.2022Product liability: Brussels must make improvements

In case of defective products, manufacturers must bear the burden of proof. In addition, operators of online marketplaces should be held more accountable. In a statement, the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband – vzbv) has criticised the European Commission's proposals as not far-reaching enough.

Necessary system update: product liability

Position paper of the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband – vzbv) on the Proposal for a Directive on Liability for Defective Products (COM(2022) 495 (final)) | 8 December 2022

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