FLI Position Paper on AI Liability

The Future of Life Institute (FLI) welcomes the opportunity to provide feedback to the European Commission on its proposal for an artificial intelligence (AI) Liability directive. Liability is an important instrument for safeguarding the interests of society. It can play a role in catalysing innovation by encouraging organisations to develop risk-mitigating technologies that reduce the likelihood of harm in products and services. At the same time, it prioritises the rights of individuals and can lead to increased trust and uptake in new technologies

FLI welcomes the adoption of the new proposal to update liability rules to the digital age in a way which protects the rights of those harmed by AI systems and which encourages AI developers to make their products safer. To ensure legal clarity and a proper level of protection for victims harmed by AI systems across the EU, FLI makes the following recommendations: i) introduce a strict liability regime for highrisk and General Purpose AI systems; ii) establish a fault-based liability regime with a reversed burden of proof for other AI systems; iii) include a definition of damages that extends to immaterial and societal harms; and iv) establish clear rules on AI liability across the value chain