The workshop, held in connection with the 4th Expert Group Meeting on the implementation of the new Product Liability Directive (PLD), examined whether providers of social media platforms and AI chatbots could incur liability where their services contribute to suicide or mental illness.
In her keynote address, Prof Wendehorst presented ELI’s 1st Supplement to the ELI Draft of a Revised Product Liability Directive, published in June 2026. The Supplement identifies three possible routes for bringing social media and comparable digital consumer offerings within the scope of the PLD and concludes that, while liability may in principle be possible, a number of legal hurdles remain.
Prof Wendehorst also addressed how Member States could enhance legal certainty when implementing the Directive, including by clarifying the scope of the term ‘software’ so as to encompass relevant digital content and digital services. She further highlighted the continuing relevance of national legislation implementing the 1985 Product Liability Directive for products placed on the market or put into service before 9 December 2026.
The workshop brought together European Commission representatives, experts and stakeholders for an exchange on the application of the new product liability framework to emerging digital technologies.
