The QM Corner showed how companies can minimize liability risks under the new EU Product Liability Directive and make processes future-proof.
The new EU Product Liability Directive (Directive (EU) 2024/2853) was published in the Official Journal on November 18, 2024. It comes into force twenty days after publication and must be transposed into national law by December 9, 2026 – in Germany by means of a new Product Liability Act. This will fundamentally modernize European product liability law, which has been in force since 1985, and adapt it to the digital age.
This means for quality management: Processes, testing strategies and documentation must be designed to withstand the expanded requirements – from product development to the supply chain and after-sales. Companies that react at an early stage can reduce liability risks and at the same time strengthen trust with customers and authorities. To provide practical impetus on these topics, ProduktionNRW hosted a digital edition of the QM Corner on September 25, 2025.
The new European and national product liability law
During the event, Dr. Christian Hess, lawyer at VDMA Recht, presented the key changes in European and German product liability law. He also explained the current draft bill from the Federal Ministry of Justice and Consumer Protection dated 11.9.2025 on the modernization of German product liability law.
The changes are far-reaching: in future, the term product will also include software, AI systems and digital design documents. The criteria for defectiveness will be expanded, in particular to include aspects such as cybersecurity, updates and (further) learning capabilities. The definition of damage will also be expanded: In addition to physical injury and property damage, psychological impairment and loss of data are now also eligible for compensation. In addition, the previous deductible for property damage and the maximum liability limit for personal injury will no longer apply.
The current draft bill also significantly expands the group of liable parties. In addition to manufacturers and importers, authorized representatives, fulfilment service providers, online platforms and modifiers can also be held liable in future. There are also new rules of evidence: Companies must disclose relevant documents and comprehensive legal presumptions apply in favor of the injured parties.
This results in considerable compliance requirements for companies. Responsibility no longer ends when the product is placed on the market, but remains as long as the manufacturer still has control over the product (e.g. via updates). Increased product monitoring, adapted documentation guidelines, the protection of trade secrets and the review of insurance cover are therefore necessary.
Discussion and exchange
The subsequent discussion focused primarily on practical issues. For example, questions were asked about the new implementation obligations, in particular whether and to what extent the extended liability requirements also apply to products already on the market. The question of liability for consequential damage was also discussed intensively, as there are still uncertainties in the delimitation here. Finally, it was discussed how the new regulations affect the relationship between B2B and B2C transactions and whether companies will have to develop more differentiated strategies for different customer groups in the future. The exchange showed that many details still need to be concretized, but that the topics are already highly relevant for business practice.
Further information
- The EU Directive on product liability can be found here.
- The German draft bill on the modernization of product liability law can be found here.
- Further literature on the topic can be found here.
- Further training measures via the VDMA Academy can be found here.
– The German draft bill on the modernization of product liability law can be found here.
– Further literature on the topic can be found here.
– Further training measures via the VDMA Academy can be found here.
Organizer
The event was organized by ProduktionNRW. ProduktionNRW is the cluster of mechanical engineering and production technology in North Rhine-Westphalia and is organized by VDMA NRW. ProduktionNRW sees itself as a platform for networking, informing and marketing companies, institutions and networks with each other and along the value chain. Significant parts of the services provided by ProduktionNRW are funded by the Ministry of Economic Affairs, Industry, Climate Protection and Energy of the State of North Rhine-Westphalia.