GREECE Law and Practice Contributed by: Dimitris Emvalomenos, Bahas, Gramatidis & Partners LLP
was adopted on 23 October 2024 and it must be trans - posed by the EU member states by 9 December 2026 and (ii) an AI Liability Directive had been also proposed by the European Commission on 28 September 2022, together with the then proposed new PLD, aimed to adapt non-contractual civil liability rules to AI and to ensure broader protection for damage caused by AI systems by alleviating the burden of proof in com - pensation claims pursued under national fault-based liability regimes; however it was eventually withdrawn from the European Commission’s work programme for 2025 (presented in February 2025) as premature and with concerns over regulatory duplication with the new PLD. The new PLD is generally expansive on: • “damages” (including medically recognised dam - age to psychological health and destruction or corruption of privately used data, removing the minimum claim threshold);
• the “product” (extended to digital manufacturing files and standalone software, including AI with limited exceptions); and • the “producer” (including economic operators such as software developers, online marketplaces and fulfilment service providers). At the same time, it introduces: • simplified proof of “defect” and “causation” (with more detailed definition and introduction of pre - sumptions and of a subjective criterion); • a disclosure obligation of defendants connected with presumed product defectiveness; • a members states’ discretion to derogate from the “state-of-the-art” defence; and • extended expiry period up to 25 years when a claimant could not initiate proceedings due latent personal injury.
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