AI Liability Directive – first impressions
Michal Toman · 2023
The content of this article is the Commission’s proposal of the AI Liability Directive. The text analyzes the procedural aspects of liability for damage related to artificial intelligence and the related concepts “disclosure of evidence” and “rebuttable presumptions”. And it further presents Presumption of causality and New AI liability regime. In the new regime the burden of proof will be alleviated from claimants. If the commercial entities do not voluntarily provide access to such evidence, the harmed person may upon a reasoned request get a national court to order the disclosure of such information. If the entity still refuses to disclose the relevant information the court will therefore assume causality between the fault of the defendant and the output produced by an AI system or the failure of an AI system to produce the intended output.