YEAR 2024 No 2

ISSN 2182-9845

Analysis of the Resolution of the European Parliament, from October 20th 2020, and the Proposal for a Directive Of The European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive)

André Gonçalo da Costa Fraga Bastos Torres

Keywords

Civil Liability; Artificial Intelligence; Resolution of the European Parliament, from October 20th 2020; Proposal for an AI Liability Directive; Requisites of Non-Contractual Civil Liability; Socialization of Risk.

Abstract

This study comprises of an analysis of Resolution of the European Parliament, from October 20th 2020, and the Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive). Both represente the effort initiated by the european legislator to adapt the requisites and the probative burden tipically associated with non-contractual civil liability actions to the new reality of artificial intelligence. However, the documents don´t adopt similar solutions: if the Resolution is loosely a regime of objective liability, supported by a system of “risk socialization” founded on the celebration of insurances and on the existence of a guarantee fund, the Proposal for a Directive rests essentially on the common subjective liability framework, making only small changes in the domain of proof. Throughout the paper, the texts are compared with the support of the most modern portuguese doctrine (as well as some foreign literature). In the conclusion, the positions of diferente authors are presented and the one that holds that the orientation of the Resolution would be the most adequate and fair is defended.

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