Source: OJ L 2024/2847, 20.11.2024
ENRecital 31 The new product liability directive is complementary
Directive (EU) 2024/2853 of the European Parliament and of the Council(16)Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC (OJ L, 2024/2853, 18.11.2024, ELI: http://data.europa.eu/eli/dir/2024/2853/oj). is complementary to this Regulation. That Directive sets out liability rules for defective products so that injured persons can claim compensation when a damage has been caused by defective products. It establishes the principle that the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; of a product is liable for damages caused by a lack of safety in their product irrespective of fault (strict liability). Where such a lack of safety consists in a lack of security updates after the placing on the market means the first making available of a product with digital elements on the Union market; of the product, and this causes damage, the liability of the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; could be triggered. Obligations for manufacturers means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; that concern the provision of such security updates should be laid down in this Regulation.