EU Product Liability Directive: what changes for robots from 9 December 2026

019 December 2026: the new rules apply

Directive (EU) 2024/2853 of 23 October 2024 on liability for defective products was published in the Official Journal on 18 November 2024. It replaces Directive 85/374/EEC, which had governed product liability in Europe since 1985.

According to its Article 2, the directive applies to products placed on the market or put into service after 9 December 2026. Member states must transpose it into national law by the same date, and the 1985 directive still applies to products placed on the market before it, according to the European Commission.

02Software, updates and AI become part of the product

Article 4 of the directive includes software and digital manufacturing files in the definition of a product. The European Commission states that all types of software are covered, including applications, operating systems and AI systems. A "related service", a digital service integrated into or interconnected with a product, is also taken into account.

For a robot, this means that navigation software, a fleet management application or a remote service can be at the origin of a defect, not only the mechanical parts.

• Article 7 lists the circumstances used to judge whether a product is defective, including its ability to continue to learn or acquire new features after it is placed on the market.
• The reasonably foreseeable effect of other products used with it, including by interconnection, is also considered.
• So are the cybersecurity requirements relevant to safety.
• Under Article 11(2), a manufacturer cannot escape liability when the defect comes from software, including updates or upgrades, or from the lack of a software update needed to maintain safety, where these are within its control.

03Who answers for a defective robot

The manufacturer remains the first operator liable. The directive adds a chain of EU-based operators so that an injured person always has someone to claim against when the manufacturer is established outside the EU.

The last line matters for robots: a remanufactured or substantially modified product is considered a new product, according to the Commission. The same idea exists in the Machinery Regulation, which applies on 20 January 2027: see our news on the Machinery Regulation countdown.

04Easier proof for injured persons

Only natural persons can claim compensation under the directive, according to the European Parliament. For a company that uses robots, the people concerned are mainly its employees, visitors, patients or customers. Compensable damage covers death and bodily injury, including medically recognised harm to psychological health, damage to property, and the destruction or corruption of data not used for professional purposes.

The claimant must still prove the defect, the damage and the causal link. But the defect is presumed in three cases:

• the defendant does not disclose the relevant evidence a court has ordered;
• the product does not comply with mandatory EU or national safety requirements;
• the damage was caused by an obvious malfunction during reasonably foreseeable use or under normal circumstances.

Where proof is excessively difficult, a court may only require the claimant to show that the defect or the causal link is likely.

05Transposition in France

In France, the 1985 directive is transposed in Articles 1245 to 1245-17 of the Civil Code, which will have to be amended. In its answer to a written question published on 12 May 2026, the Ministry of Justice called meeting the deadline "a priority for the Government" and said that a dedicated text was being considered, outside any wider reform of civil liability.

Because the directive is a maximum harmonisation text, the French rules should closely follow the European text. Companies should check the final French text when it is published.

06What robot buyers should check now

1. For each robot to be delivered after 9 December 2026, identify the EU-based operator: manufacturer, importer or authorised representative.
2. Ask how software updates, including security updates, are supplied, for how long, and who installs them.
3. Keep a record of the software versions installed on each robot and of the updates applied.
4. Before adding a module or third-party software, check that the change is covered by the manufacturer's instructions.
5. For rented or RaaS robots, agree in writing who handles updates and modifications.
6. Review your insurance cover with your broker in light of the new rules.

Robot Distribution imports and distributes professional robots in Europe. For a robot to be delivered after 9 December 2026, state the planned delivery date in your quote request so the right documents are prepared.