Civil Liability Applicable to Artificial Intelligence: A Preliminary Critique of the European Parliament Resolution of 2020
Henrique Sousa Antunes · Edward Elgar Publishing eBooks · 2023
The European Parliament's 2020 Resolution highlighted the importance of defining a clear and harmonised civil liability regime in Europe for the development of AI technologies so as to provide due legal certainty for producers, operators, affected persons and other third parties. The aims of this chapter are to provide a critical assessment of how far this option corresponds to the assumptions on which the Resolution is based, also taking a brief look at the concept of wrongdoing proposed and the scope of compensable harm. Further, it aims to assess the adequacy of the distinction indicated in light of the choices made in the European Parliament's earlier 2017 Resolution, above all, in light of the challenges that the development of AI raises for the traditional foundations on which compensation regimes have been based up to the present.