30 Amendments of Maria GRAPINI related to 2020/2014(INL)
Amendment 3 #
Draft opinion
Recital A
Recital A
A. whereas the use of Artificial Intelligence (AI) plays an increasing role in our everyday lives and has the potential to contribute to the deployment and development of innovations in many sectors and offer benefits for consumers through innovative products and services and, for businesses, in particular micro, small and medium enterprises (SMEs) through optimised performance;
Amendment 6 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas for the framework to be appropriate, it must cover all AI-based products and their components, including algorithms, software, and data used or produced by them;
Amendment 7 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas a common framework for the development, deployment and use of artificial intelligence, robotics and related technologies within the Union should both protect consumers from their potential risks and promote the trustworthiness of such technologies;
Amendment 12 #
Draft opinion
Recital B
Recital B
B. whereas the use and development of AI applications in products might also present challenges to the existing legal framework on products and reduce their effectiveness, thus potentially undermining consumer trust and, welfare and protection due to their specific characteristics;
Amendment 13 #
Draft opinion
Recital D
Recital D
D. whereas Union and national legislation should ensure high product and service safety both ex ante and throughout a product’s life cycle, while facilitating the compensation of victims ex post;
Amendment 16 #
Draft opinion
Recital C
Recital C
C. whereas robust liability mechanisms remedying damage contribute to better protection of consumers, creation of trust in new technologies integrated in products and acceptance for innovation while ensuring legal certainty for business, in particular micro, small and medium enterprises;
Amendment 18 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the safety and liability implications of Artificial Intelligence, the Internet of Things and robotics (COM (2020) 64) and the White Paper On Artificial Intelligence - A European approach to excellence and trust (COM(2020)65) should be considered as the basis of the future European legislation;
Amendment 20 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the Product Liability Directive is the existing regulatory framework on the responsibility for the final product;
Amendment 24 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s aim, which is to make the Union legal framework fit the new technological developments, ensuring a high level of protection for consumers from possible harm caused by new technologies while maintaining the balance with the needs of technological innovation;
Amendment 28 #
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to assess to what extentCalls on the Commission to update the existing liability framework, and in particular the Council Directive 85/374/EEC1 (the Product Liability Directive), needs to be updated in order to guarantee highly effective consumer protection and legal clarity for businesses, while avoiding high costs and risks especially for small and medium enterprises and start- ups; __________________ 1 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 29 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises the challenge of determining liability where consumer harm results from autonomous decision- making processes; calls on the Commission to review that directive and consider adapting concepts as ‘product’ ‘damage’ and ‘defect’, in a way that is coherent with product safety and liability legislation, as well as adapting the rules governing the burden of proof while stressing that the burden of proof shall by no means lie on the consumer;
Amendment 31 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Further stresses the need to reassess the timeframe during which the producer is held liable for defects caused by the product, as AI driven products can become unsafe during their lifecycle due to a software update or the lack thereof; simultaneously, and in cases where the supplier cannot be held liable, it might be justified to hold the producer liable for non-supply of a software update, which can fix the safety hazard;
Amendment 32 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of defining a clear division of responsibilities between software developers, manufacturers of various components, service providers and operators and end users, as well as upholding the rights of consumers and ensuring that they know exactly who to contact;
Amendment 33 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points out that the revision of the Product Liability Directive should be aligned with and built on the EU General Data Protection Regulation (GDPR);
Amendment 36 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that end-users should be given relevant information and instructions for use of products incorporating AI;
Amendment 38 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that any revision of the existing liability framework should aim to further harmonise liability, and consumer protection rules in order to avoid fragmentation of the single market; stresses, however, the importance of ensuring that Union regulation remains limited to clearly identified problems for which feasible solutions exist and leaves room for further technological developments;
Amendment 43 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to assess whether definitions and concepts inupdate the product liability framework need to be updated due toin order to consider the specific characteristics of AI applications such as complexity, autonomy and opac, opacity and unpredictability;
Amendment 44 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends that when an operator has a higher degree of control than the owner or user of an actual product or service equipped with AI, that operator is best positioned to manage the risks and should therefore be held liaccountable; notes that each obligation should rest on the actor who is best placed to address the risk;
Amendment 49 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to scrutinise whether it is necessary to include software in the definition of ‘products’ under the Product Liability Directive and to update concepts such as ‘producer’, ‘damage’ and ‘defect’, and if so, to what extent; asks the Commission to also examine whether the product liability framework needs to be revised in order to protect, and indemnify injured parties efficiently as regards products that are purchased as a bundle with related services;
Amendment 53 #
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the importance of ensuring that drivers are properly trained and always fully aware of a vehicle’s level of automation and their level of liability: drivers should be informed about their vehicles’ AI systems and related limitations of such systems such as activation, deactivation, failure; moreover, in-vehicle features should periodically remind the driver that he or she is in charge of monitoring the vehicle status;
Amendment 54 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to clarify that the scope of the new legislation or the update of the Product Liability Directive should apply to all tangible and non- tangible goods, including digital services;
Amendment 58 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of ensuring a fair liability system that makes it possibleHighlights that due to the complexity, connectivity and opacity of the products based on AI and new technologies it could be difficult for consumers to prove twhat a defect in a product caused damage, even if third party software is involvedas it cannot be assumed that consumers have all necessary information or specific technical knowledge; therefore as part of the revision orf the cause of a defect is hard to trace, for example when products are part of a complex interconnected Internet of Things environmentProduct Liability Directive it should be sufficient for the consumer to demonstrate that there has been damage even if third party software is involved or the cause of a defect is hard to trace;
Amendment 61 #
Draft opinion
Paragraph 11
Paragraph 11
11. Notes that automated vehicles deal with variable signals and conditions; calls as a result for a regular update of digital maps providing a compulsory minimum set of information about the road network and any hazards or obstacles that might be encountered;
Amendment 65 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to evaluate whether and to what extent the burden of proof should be reversed in order to empower harmed consumers to defend their rights while preventing abuse and providing legal clarity for businesses;
Amendment 76 #
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the need forat in the liability stage a risk based approach to AI within the existing liability framework, which takes into account different levels of risk for consumers in specific sectors and uses of AI; underlines that such an approach, that might encompass two or more levels of risk, should be based on clear criteria and provide for legal clarityis not appropriate, as the damage has occurred and the product has proven to be a risk product;
Amendment 78 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to remove notion such “time at which a product is put on the market” which is no longer relevant given the dynamic features of digital goods; points out that currently the producer continues to have control over the product for a long time after having put it onto the market; urges to review the timelines for bringing a claim under the Product Liability Directive;
Amendment 79 #
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that the producer shall bear the liability for products from the EU, and for the products from outside EU, that are sold through online marketplace and when the producer cannot be identified, the online marketplace shall be liable as a supplier due to the fact that online marketplaces are no longer a passive intermediary;
Amendment 80 #
Draft opinion
Paragraph 9
Paragraph 9
9. AsksCalls on the Commission to carefully assess the advantages and disadvantages of introducing a strictaddress the liability model ofor products containing AI applications and consider in a two-step process; firstly providing a fault based liability only in specific high risk areas; underlines the need to strictly respect the proportionality principle if this approach is retained.f the deployer against which the affected person should have the right to bring the claim for damages; in the event where no fault of the deployer can be established, the producer or the backend operator should be held strictly liable; considers that the two-step process is essential in order to ensure that victims are effectively compensated for damages caused by AI driven systems;
Amendment 84 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that the new legislation about product liability should also address the challenges algorithms present in terms of ensuring non-discrimination, transparency and explainability, as well as liability; points out the need to monitor algorithms and to asses associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to high quality products;
Amendment 88 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to propose concreate measures (such a registry of products liability cases) to enhance transparency and to monitor defective product circulating in the EU; it is essential to ensure high consumer protection and a high degree of information about the products that could be purchased.