Proposal for AI Liability Directive Withdrawn

Last updated: 1 January 2026

On 28 September 2022, the European Commission (EC) proposed an AI Liability Directive (AILD) on adapting noncontractual civil liability rules to artificial intelligence (AI).

This proposal aimed to address challenges faced by victims of AI-related damage to make claims and receive compensation, and it was designed to interact with Member States' fault-based liability regimes.

Furthermore, the AILD was intended to complement the EU's AI Act. However, in February 2025, the EC withdrew its proposal for the AILD, stating a lack of agreement among stakeholders. Consequently, for the time being, there is no EU-level harmonization of AI fault liability. This means that in general, fault-based AI damages revert to national tort law.