In its assessment of existing liability regimes in the wake of emerging digital technologies, the New Technologies Formation of the Expert Group has concluded that the liability regimes in force in the Member States ensure at least basic protection of victims whose damage is caused by the operation of such new technologies.
However, the specific characteristics of these technologies and their applications – including omplexity, modification through updates or selflearning during operation, limited predictability, and vulnerability to cybersecurity threats – may make it more difficult to offer these victims a claim for compensation in all cases where this seems justified. It may also be the case that the allocation of liability is unfair or inefficient. To rectify this, certain adjustments need to be made to EU and national liability regimes.