Although modern innovations already provide an artificial intelligence-driven devices or software’s capability to function fully autonomously without the involvement of any person, the issue of the specificity of the application of civil liability is, inter alia, weighed at the European Union level. This is linked to the current legal framework of the European Union and its Member States, which has been developed and adopted over a period of time when the operation of devices or software has requested at least an indirect involvement of a person in order to execute a specific task. In contrast, contemporary technological achievements in the design of artificial intelligence provide the ability of an artificial intelligence-driven device and software to take independent decisions regarding the conduct of a particular activity, or, on the contrary, on abstaining from carrying out a particular activity, without any person’s involvement. In such circumstances, there is a need to review and reassess the content of the existing regulation with regard to the application of civil liability both in the fault liability and in the model of strict liability (including product liability), and to establish certainty in the conceptual understanding of artificial intelligence and its isolation from simple process automation.

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Artificial Intelligence and Civil Liability

As part of the ‘Study on Safety of non-embedded software’ TNO, VVA, and SSSA analysed the legal and business landscape and the challenges and opportunities related to new advanced technologies associated with digitisation and AI. The team studied: The safety of non-embedded software by gathering evidence and analysing the key risks, focusing on CAD-CCAM (Collaborative Automated Driving - Cooperative, Connected and Automated Mobility). The team also mapped the legal framework surrounding those risks in eight Member States. Different scenarios and conditions for the implementation of CAD-CCAM in Europe. The study identified specific issues which affect the impact of CAD-CCAM and provided empirically founded recommendations for policy measures to facilitate the future business uptake of the technology. The testing, certification, and liability framework applicable to industrial robots and CAD-CCAM in Europe and eight Member States. The team analysed how high levels of product quality and safety can be ensured and how liability rules can be shaped in order to provide desirable incentives to all players involved. The state-of-art and recommended requirements of Event Data Recorders (EDRs) suited for monitoring the operation of AI systems such as CAD-CCAM.The project provided a prospective foresight study on specifications of EDRs.

Study on safety of non-embedded software; Service, data access, and legal issues of advanced robots, autonomous, connected and AI-based vehicles and systems

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Study on safety of non-embedded software; Service, data access, and legal issues of advanced robots, autonomous, connected and AI-based vehicles and systems