YEAR 2025 No 2 Volume 37

ISSN 2182-9845

Proposal for a Directive of the European Parliament and of the Council on the adaptation of the rules of non-contractual civil liability to Artificial Intelligence - access to evidence on high-risk artificial intelligence systems

Fernando Silva Pereira

Keywords

Artificial intelligence; high-risk; non-contractual culpable liability; disclosure of evidence.

Abstract

The European Parliament and the Council of the European Union have approved a proposal for a Directive aimed at adapting national procedural and civil liability rules in the case of compensation actions related to damage caused by artificial intelligence systems. This Directive establishes common rules on the disclosure of evidence about high-risk artificial intelligence systems (cf. Article 6 of Regulation (EU) 2024/1689 of the European Parliament and of the Council of June 13, 2024) and on the burden of proof in the case of actions for damages relating to non-contractual liability brought before national courts for damage caused by an artificial intelligence system. In this article we look at the problem of access to evidence, which is regulated in Article 3 of this Directive. We look at the legal regime enshrined here, discuss the meaning of this rule in the context of other EU rules and rules of domestic law on the preservation of and access to evidence in other areas of law and leave some thoughts on the possible transposition of this Directive into the Portuguese legal system.

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