Forthcoming digital legislative proposals

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European cyber resilience act (13/09/2022)

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Aim of the proposal

This regulation will complete the Directive concerning measures for a high common level of security of network and information systems across the Union, the Cybersecurity Act as well as the delegated regulation under the Radio Equipment Directive in the context of a growing number of high-profile cyberattacks. The European cyber resilience act will cover hardware and software digital products and their ancillary services, including tangible digital products (wireless and wired) and non-embedded software, during  their whole life cycle. The objectives of the regulation are to:

• Ensure a high level of cybersecurity;

• Enable users to match the security properties of their products against their needs, including by enhancing the transparency of cybersecurity features;

• Improve the functioning of the internal market by levelling the playing field for vendors;

• Create obligations on economic operators.

Sectors impacted

Information and communication technology sector, in particular hardware manufacturers, software developers, and Internet of Things (IoT)

Directorate‐General (DG) in charge of the proposal

DG for Communications Networks, Content and Technology (CNECT); Direction H - Digital society, trust and cybersecurity; Unit 2 - Cybersecurity and Digital Privacy Policy

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European media freedom act (13/09/2022)

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Aim of the proposal

The European Commission wishes to safeguard media freedom and pluralism in the EU internal market via this regulation. The proposal will fight current barriers to the harmonization of this sector:

• Diversity of national rules over media market operations as well as restrictions regarding market entry and operation;

• Insufficient level of transparency on media ownership and comparable audience measurement mechanisms;

• Insufficient structured cooperation mechanisms for media regulators;

• Insufficient incentives for European innovation and cooperation;

• Lack of media independence due to public and private interferences.

Sectors impacted

Journalists, private and public service media

DG in charge of the proposal

DG for Communications Networks, Content and Technology (CNECT); Direction I - Media policy; Unit 1 - Audiovisual and Media Services Policy

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Artificial intelligence liability directive (28/09/2022)

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Aim of the proposal

The European Commission will present its adapting liability rules to the digital age and circular economy to improve the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, as well as national liability rules. Regarding artificial intelligence (AI), the Commission will aim to build an ecosystem of trust for this emerging technology relying on software updates, data flows and algorithms. The proposal will complete the Artificial Intelligence Act. The directive will establish new rules to make sure consumers get adapted compensation for damage caused by products and services that use AI. It will also define clear guidelines for companies regarding their liability. Several obstacles to getting compensation and obstacles in the internal market have been identified by the European Commission, due to the characteristics of AI: autonomous behaviour, continuous adaptation, limited predictability, and opacity. These characteristics increase the complexity:

• In identifying and proving the fault of a potentially liable person/a defect and the causal link between that fault/defect and the damage suffered;

• To know if unpredictable outcomes that lead to damage can be treated as defects as defined by the Directive concerning liability for defective products.

Sectors impacted

Manufacturers, software developers, service providers and operators of products and services using AI, including small and medium-sized enterprises (SMEs); insurers

DG in charge of the proposal

DG for Justice and Consumers (JUST); Direction A - Civil and commercial Justice; Unit 2 - Contract law

European Parliament’s resolution

The European Parliament adopted on 20 October 2020 a resolution with recommendations to the Commission on a civil liability regime for artificial intelligence. The Members of the European Parliament (MEPs) recommend that:

• Operator of a high-risk AI-system shall be strictly liable for any harm or damage that was caused by a physical or virtual activity, device or process driven by that AI-system;

  • A high-risk AI-system that has been held liable for harm or damage shall compensate:

    • Up to a maximum amount of EUR two million in the event of the death of, or in the event of harm caused to the health or physical integrity of, an affected person, resulting from an operation of a high-risk AI-system

    • Up to a maximum amount of EUR one million in the event of significant immaterial harm that results in a verifiable economic loss or of damage caused to property

• Operator of an AI-system that does not constitute a high-risk AI-system shall be subject to fault-based liability for any harm or damage that was caused by a physical or virtual activity, device or process driven by the AI-system.

  • The operator should not be liable if he or she can prove that the harm or damage was caused without his or her fault

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