UK Trends and Developments Contributed by: Juliet Stevens, Crown Office Chambers
Numerous legislative and regulatory develop - ments relevant to product liability and safety are afoot. The primary drivers are: • key recent EU legislative developments; • the increased visibility and societal impact of novel technologies, including AI; and • the desire within government and industry to ensure that the UK continues to be a jurisdic - tion supportive of technological innovation in the post-Brexit era. EU Legislation: Key Recent Developments The following EU legislative developments are of direct relevance to UK businesses that export to the EU and/or operate in Northern Ireland, and are also of significant import to the ongoing evo - lution of product safety and liability legislation and regulation within the UK. General Product Safety Regulation On 13 December 2024, the EU adopted the Gen - eral Product Safety Regulation (EU) 2023/988 (GPSR), which replaced the General Product Safety Directive 2001/95/EC (GPSD). This Regulation concerns the safety of consum - er products available on the European market, irrespective of origin. It pertains not only to newly manufactured products, but also to those that are sold as used or refurbished, and to products manufactured for professional use that have migrated onto the consumer market. The new regime differs significantly from that which had been the status quo for two decades. The changes can be grouped, for conceptual ease, into two categories: expansion of scope; and extension of duties and accountability. Regarding expansion of scope, the GPSR has introduced several provisions addressing digital products, and amended the definitions of “prod-
uct” and “safety” accordingly. Intangibles such as free-standing software and AI tools are now caught by the Regulation. Furthermore, online marketplace providers now have positive obligations regarding product safety, including requirements to provide means by which consumers can rapidly and directly report safety issues concerning products sold on their platforms, and to co-operate with mar - ket surveillance authorities. Regarding the extension of duties and account - ability, manufacturers and/or entities respon - sible for the placing of a product onto the EU market are now required to ensure heightened traceability of products, particularly those sold online. Manufacturers must conduct ongoing risk assessment of their products. Product recall procedures have been revised, with obligations on the entity responsible for the recall to offer consumers prompt and effective remedy. Industry feedback concerning the UK Product Regulation and Metrology Bill (addressed further below) indicates that stakeholders regard it as being imperative that domestic product safety legislation and regulation develop in a fashion compatible with that adopted in the EU. The New Product Liability Directive Directive (EU) 2024/2853 on liability for defective products ( “New PLD” ) repeals and replaces the existing Product Liability Directive 85/374/EEC1 ( “1985 PLD” ), with effect from 9 December 2026. The New PLD brings far-reaching change to the EU product liability landscape. It has been updated to meet challenges posed by emerging technologies and modern business practices, including AI, circular economy business models and new global supply chains. However, most
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