The European Union has just updated to product liability regulations that will reshape how manufacturers, importers, and distributors manage product safety and compensation.
This new Directive (EU) 2024/2853, set to take effect on 9 December 2026, replaces the 1985 Council Directive and introduces comprehensive changes that will impact every economic operator in the product supply chain.
Who should pay attention?
If you're a manufacturer, importer, distributor, or fulfilment service provider in the European market, this Directive directly affects your business. Product safety managers, compliance officers, and legal teams will find this update particularly crucial.
Key highlights of the new directive
Expanded product definition
The Directive now includes a broader range of products, encompassing:
- Movable items
- Electricity
- Digital manufacturing files
- Software
- Raw materials
Enhanced consumer protection
The primary objective is to ensure a high level of consumer protection while maintaining a smoothly functioning internal market. Key protection mechanisms include:
- Comprehensive damage coverage
- Personal injury (including psychological health)
- Property damage
- Data destruction or corruption
- Flexible liability framework
- Manufacturers can be held liable for defects
- Importers and distributors may also share responsibility
- Covers damage from software updates, substantial modifications, and inter-connected products
Timeline
- Effective Date: 9 December 2026
- Limitation Period: 3 years from discovering damage
- Expiry Period: 10 years from product placement (25 years for latent personal injuries)
Evidence and burden of proof
The Directive introduces innovative provisions for evidence disclosure, making it easier for injured parties to seek compensation while protecting trade secrets.
What should you do now?
- Review your current product safety protocols
- Update risk assessment procedures
- Enhance documentation of product lifecycle
- Consider comprehensive liability insurance
- Train your team on new compliance requirements
Don't wait until 2026 to prepare. Start adapting your product safety and liability strategies now. Consult with legal and compliance experts to ensure a smooth transition.
Need help navigating these complex new regulations? Our team at Alura Group specializes in product compliance and can guide you through this significant change.
Source: EU Directive 2024/2853