The Articles of the AI Liability Directive (Proposal 28.9.2022)



Article 2, Definitions.

For the purposes of this Directive, the following definitions shall apply:

(1) ‘AI system’ means an AI system as defined in [Article 3 (1) of the AI Act];


(2) ‘high-risk AI system’ means an AI system referred to in [Article 6 of the AI Act];


(3) ‘provider’ means a provider as defined in [Article 3 (2) of the AI Act];


(4) ‘user’ means a user as defined in [Article 3 (4) of the AI Act];


(5) ‘claim for damages’ means a non-contractual fault-based civil law claim for compensation of the damage caused by an output of an AI system or the failure of such a system to produce an output where such an output should have been produced;


(6) ‘claimant’ means a person bringing a claim for damages that:

(a) has been injured by an output of an AI system or by the failure of such a system to produce an output where such an output should have been produced;

(b) has succeeded to or has been subrogated to the right of an injured person by virtue of law or contract; or

(c) is acting on behalf of one or more injured persons, in accordance with Union or national law.


(7) ‘potential claimant’ means a natural or legal person who is considering but has not yet brought a claim for damages;


(8) ‘defendant’ means the person against whom a claim for damages is brought;


(9) ‘duty of care’ means a required standard of conduct, set by national or Union law, in order to avoid damage to legal interests recognised at national or Union law level, including life, physical integrity, property and the protection of fundamental rights.