LEAK: Commission to propose rebuttable presumption for AI-related damages

The European Commission will present a liability regime targeted to damage originating from Artificial Intelligence (AI) that would put causality presumption on the defendant, according to a draft obtained by EURACTIV. The AI Liability Directive is scheduled to be published on 28 September, and it is meant to complement the Artificial Intelligence Act, an upcoming regulation that introduces requirements for AI systems based on their level of risk. "This directive provides in a very targeted and proportionate manner alleviations of the burden of proof through the use of disclosure and rebuttable presumptions," the draft reads. "These measures will help persons seeking compensation for damage caused by AI systems to handle their burden of proof so that justified liability claims can be successful ." The proposal follows the European Parliament's own-initiative resolution adopted in October 2020 that called for facilitating the burden of proof and a strict liability regime for AI-enabled technologies.