Liability for defective software and flawed artificial intelligence in Europe

Abstract

This thesis analyses the current legal position of liability for damage arising out of malfunctioning software and flawed artificial intelligence at European Union level. It examines the extent to which current EU legislation caters for cases where defective technology injures individuals or damages their property. Chapter One discusses a number of cases concerning defective technology which have occurred in the past couple of decades. Chapter Two addresses the particular nature of software and the difficulty of attempting to classify it into a good or a service. Chapter Three studies how consumer protection legislation can limit the validity and enforceability of software contracts and the extent to which current EU legislation protects the purchaser of technological devices and software. Chapter Four discusses the legislation that might apply in instances of liability for damage arising out of defective software and artificial intelligence in cases where there are no contractual clauses regulating the relationship between the parties. It also illustrates the fact that currently no legislation at EU level exists which regulates the development and use of artificial intelligence. By way of conclusion, the thesis recommends the introduction of specific ad hoc laws at EU level, which regulate liability for defective software and flawed artificial intelligence.