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The European Council and the European Parliament have achieved a provisional agreement on the Artificial Intelligence (“AI”) Act, establishing the world’s first set of rules for AI. The draft regulation aims to guarantee the safety and adherence to fundamental rights and values of the European Union (“EU”) in AI systems deployed within the European market and used across the EU.
Manufacturers of AI systems are liable for defects in their technical systems according to the German Civil Code (BGB) and the German Product Liability Act (ProdHaftG). Under general tort liability, they are liable for damages in accordance with § 823(1) BGB. They may also be subject to special statutory liability under the ProdHaftG. However, this only applies if there is a “product” within the meaning of § 2 ProdHaftG.
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