Article 1, Subject matter and scope.
1. This Directive lays down common rules on:
(a) the disclosure of evidence on high-risk artificial intelligence (AI) systems to enable a claimant to substantiate a non-contractual fault-based civil law claim for damages;
(b) the burden of proof in the case of non-contractual fault-based civil law claims brought before national courts for damages caused by an AI system.
2. This Directive applies to non-contractual fault-based civil law claims for damages, in cases where the damage caused by an AI system occurs after [the end of the transposition period].
This Directive does not apply to criminal liability.
3. This Directive shall not affect:
(a) rules of Union law regulating conditions of liability in the field of transport;
(b) any rights which an injured person may have under national rules implementing Directive 85/374/EEC;
(c) the exemptions from liability and the due diligence obligations as laid down in [the Digital Services Act] and
(d) national rules determining which party has the burden of proof, which degree of certainty is required as regards the standard of proof, or how fault is defined, other than in respect of what is provided for in Articles 3 and 4.
4. Member States may adopt or maintain national rules that are more favourable for claimants to substantiate a non-contractual civil law claim for damages caused by an AI system, provided such rules are compatible with Union law.