This study – commissioned by the Policy Department C at the request of the Committee on Legal Affairs – analyses the notion of AI-technologies and the applicable legal framework for civil liability.

It demonstrates how technology regulation should be technology specific, and presents a Risk Management Approach, where the party who is best capable of controlling and managing a technology-related risk is held strictly liable, as a single entry point for litigation. The Risk Management Approach attributes liability to the party that is best positioned to (i) identify a risk, (ii) control and minimize it, and (iii) manage it – ideally pooling and distributing it among all other parties – eventually through insurance, and/or no-fault compensation funds. 

It then applies such approach to four case-studies on industrial robots, connected and automated driving, medical robots and diagnostic-assistive technologies in medical care, and drones, to finally elaborate policy recommendations.

You can download the full study here