The European Union has updated its product liability regulations to adapt to the digital age and circular economy.
The new directive broadens the definition of “product” to include digital manufacturing files and software. Additionally, online platforms that sell defective products can be held liable in the same way as any other economic operator.
To protect consumers from products sold outside the European Union, the new directive allows for importers or EU-based representatives of foreign manufacturers to be held liable for damages caused, thereby ensuring appropriate compensation.
Finally, a modification to the burden of proof is introduced. In cases where consumers find it challenging to prove that a product is defective or that the defect caused damage, judges may only require a demonstration of the likelihood of a defect or its connection to the damage.
This measure could impact Colombian companies, as both importers and online platforms could be held liable for damages caused to consumers by defective products.
