Product Liability Directive
Data & Privacy
- Data Act
- Data Governance Act
- EHDS
- ePrivacy Directive
- GDPR
- GDPR Procedural Regulation
AI & Trust
- Artificial Intelligence Act
- Product Liability Directive
Cybersecurity
- Cyber Resilience Act
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Product Liability Directive
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 4
CHAPTER II
SPECIFIC PROVISIONS ON LIABILITY FOR DEFECTIVE PRODUCTSArticles 5 — 11
CHAPTER III
GENERAL PROVISIONS ON LIABILITYArticles 12 — 17
ANNEXES
PLD
PLD Article 4. Definitions
- For the purposes of this Directive, the following definitions apply:
- (1)‘product’ means all movables, even if integrated into, or inter-connected with, another movable or an immovable; it includes electricity, digital manufacturing files, raw materials and software;
- (2)‘digital manufacturing file’ means a digital version of, or digital template for, a movable which contains the functional information necessary to produce a tangible item by enabling the automated control of machinery or tools;
- (3)‘related service’ means a digital service that is integrated into, or inter-connected with, a product in such a way that its absence would prevent the product from performing one or more of its functions;
- (4)‘component’ means any item, whether tangible or intangible, raw material or related service, that is integrated into, or inter-connected with, a product;
- (5)‘manufacturer's control’ means that:
(a)
the manufacturer of a product performs or, with regard to actions of a third party, authorises or consents to:(i)the integration, inter-connection or supply of a component, including software updates or upgrades; or(ii)the modification of the product, including substantial modifications;(b)
the manufacturer of a product has the ability to supply software updates or upgrades, themselves or via a third party;
- (6)‘data’ means data as defined in Article 2, point (1), of Regulation (EU) 2022/868 of the European Parliament and of the Council ;
- (7)‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
- (8)‘placing on the market’ means the first making available of a product on the Union market;
- (9)‘putting into service’ means the first use of a product in the Union in the course of a commercial activity, whether in return for payment or free of charge, in circumstances in which that product has not been placed on the market prior to its first use;
- (10)‘manufacturer’ means any natural or legal person who:
(a)
develops, manufactures or produces a product;(b)
has a product designed or manufactured, or who, by putting their name, trademark or other distinguishing features on that product, presents themselves as its manufacturer; or(c)
develops, manufactures or produces a product for their own use;
- (11)‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer's behalf in relation to specified tasks;
- (12)‘importer’ means any natural or legal person who places a product from a third country on the Union market;
- (13)‘fulfilment service provider’ means any natural or legal person offering, in the course of a commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching of a product, without having ownership of that product, excluding postal services as defined in Article 2, point (1), of Directive 97/67/EC of the European Parliament and of the Council , parcel delivery services as defined in Article 2, point (2), of Regulation (EU) 2018/644 of the European Parliament and of the Council , and any other postal services or freight transport services;
- (14)‘distributor’ means any natural or legal person in the supply chain who makes a product available on the market, other than the manufacturer or importer of that product;
- (15)‘economic operator’ means a manufacturer of a product or component, a provider of a related service, an authorised representative, an importer, a fulfilment service provider or a distributor;
- (16)‘online platform’ means online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065;
- (17)‘trade secret’ means trade secret as defined in Article 2, point (1), of Directive (EU) 2016/943;
- (18)‘substantial modification’ means a modification of a product after it has been placed on the market or put into service:
(a)
that is considered substantial under relevant Union or national rules on product safety; or(b)
where relevant Union or national rules on product safety lay down no threshold on what is to be considered a substantial modification, that:(i)changes the product’s original performance, purpose or type, without that change having been foreseen in the manufacturer’s initial risk assessment; and(ii)changes the nature of the hazard, creates a new hazard or increases the level of risk.