The new EU Product Liability Directive: what manufacturers need to know

Product safety law and product liability law do two different jobs.

Product safety law — the GPSR, CE marking directives, sector rules such as the Toy Safety Directive or RED — tells you what a product must be like before you can sell it, and gives market surveillance authorities the power to stop you if it isn't. Getting this wrong means a withdrawal, a recall, a Safety Gate listing, or a fine.

Product liability law decides what happens after someone is harmed. It sets out who an injured person can claim compensation from, what they have to prove, and what they can be compensated for. Getting this wrong means a civil claim for damages.

Directive (EU) 2024/2853 is the second of these. It replaces Council Directive 85/374/EEC, which had been in place, largely unchanged, since 1985. The rewrite exists because the 1985 rules were written for physical goods in a pre-internet economy and no longer fit software, connected devices, AI, or the way products now reach the EU from outside it.

Liability remains strict — that is, an injured person does not need to prove that the manufacturer was careless. They need to prove that the product was defective, that they suffered damage, and that the defect caused it.

Which products are affected. The test is when the product was placed on the market or put into service, not when it was manufactured and not when it was sold to the end customer. A product you place on the EU market on 10 December 2026 falls under the new rules even if it was made in 2024. A product placed on the market in November 2026 remains under the old regime.

This distinction matters most if you have long product lifecycles, keep models on sale for several years, supply spare parts, sell refurbished goods, or ship connected products that receive updates after sale. In practice, many businesses will have both regimes running in parallel for some time.

The definition has been widened significantly. It now covers:

Free and open-source software developed or supplied outside a commercial activity is excluded.

If you sell a connected device, an app that accompanies a physical product, or a product with embedded AI, you are now inside a liability regime that previously did not reach you.

Under the new rules, a product can be found defective because of the manufacturer's conduct after it was placed on the market. Failing to supply the software or security updates needed to keep the product safe, or providing inadequate cybersecurity protection, can each contribute to a finding of defectiveness.

This is a genuine change in mindset. For connected products, your obligations no longer stop at the point of sale — the product's safety is assessed over its lifetime, including the period during which you remain able to control it through updates.

Where a product is substantially modified outside the original manufacturer's control and then made available again, the person who made the modification can be treated as the manufacturer of that modified product for liability purposes. Refurbishers, remanufacturers and businesses that materially alter goods before resale should look at this carefully.

Alongside death, personal injury and damage to property, claimants can now seek compensation for:

Two changes work together here, and for most manufacturers this is the single most important part of the Directive.

Disclosure of evidence. Where a claimant presents facts and evidence sufficient to support the plausibility of a claim, a national court can order the defendant to disclose relevant evidence at its disposal. Internal test reports, risk assessments, design records and post-market surveillance data can all be brought into proceedings.

Presumptions. In defined circumstances, a court may presume that a product was defective, or that the defect caused the damage. This can apply, for example, where the defendant fails to comply with a disclosure order, where the claimant demonstrates the product did not comply with mandatory safety requirements, or where establishing defectiveness or causation would be excessively difficult because of technical or scientific complexity.

The combined effect is that more of the evidential burden sits with the business defending the claim. Your documentation stops being something you produce for a market surveillance authority on request and becomes the material you rely on to defend yourself in court.

The manufacturer remains the primary liable party. The Directive also sets out a cascade of other economic operators who may be pursued in defined circumstances, principally where the manufacturer is established outside the EU.

An important point of clarification: appointing an EU Authorised Representative does not transfer your liability as manufacturer, and it does not relieve you of your obligation to place safe, properly documented products on the market. Representation gives the EU a point of contact and satisfies the requirement for a responsible economic operator established in the Union. Responsibility for the product itself, its safety, its technical documentation and its conformity remains yours.

Your technical file is now a legal defence document. The realistic question to ask is no longer "would this satisfy an authority asking for documentation?" but "would this stand up if a court asked us to disclose it, and would it show that our product was not defective?" Gaps, undated documents, risk assessments that were never really performed, and test reports for a slightly different product variant all look different through that lens.

Check your product liability insurance. Confirm that your cover extends to the EU markets you actually sell into, that it covers your full product range including software and connected products, and that the limit of indemnity is realistic for your product category and volumes. If you sell into both the EU and the UK, check both.

Think about product lifecycle, not just launch. If your product receives software or security updates, you need a defined update policy, a support period you can state and stand behind, and records showing that updates were issued.

Keep records for long enough. Liability under the Directive is generally time-limited to a period running from when the product was placed on the market, with a longer period available in limited cases where injuries emerge slowly. That is significantly longer than most businesses keep design and test records by default.

Map your supply chain. Know who your EU importer is for each product line, keep those details documented and current, and make sure your product records identify the manufacturer clearly.

Nothing here is urgent, but each item is worth working through before December.

Does this apply to products I have already sold? No. The new rules apply to products placed on the EU market or put into service after 9 December 2026. Anything placed on the market before that date stays under the previous regime.

I only sell in the UK. Does this affect me?Only if you sell into Northern Ireland.

Great Britain is unaffected — product liability there continues to be governed by the Consumer Protection Act 1987, which the Directive does not touch.

Northern Ireland is different. EU product liability law applies there under the Windsor Framework, and Directive (EU) 2024/2853 replaces the 1985 Directive for that purpose. Goods you place on the Northern Ireland market from 9 December 2026 fall under the new rules, including the wider definition of a product and the new evidence and disclosure provisions.

So: Great Britain only, nothing changes. Any sales into Northern Ireland, treat yourself as in scope.

Is product liability insurance now legally required? The Directive does not itself impose an insurance requirement. However, the practical exposure it creates makes appropriate cover an important commercial protection, and many marketplaces, retailers and service providers require it as a contractual condition.

My product is only software. Am I really in scope? Standalone software is within the definition of a product under the new Directive. Free and open-source software developed or supplied outside a commercial activity is excluded.

Does having an EU Authorised Representative mean I am covered? No. Representation satisfies the requirement to have a responsible economic operator established in the EU and provides authorities with a point of contact. It does not transfer your responsibility for the safety, conformity or documentation of your product, and it does not remove your liability as manufacturer.

We resell or refurbish products made by someone else. Where do we stand? If you substantially modify a product outside the original manufacturer's control and then make it available again, you may be treated as the manufacturer of the modified product. This is worth taking specific advice on.

How long does liability last? The Directive sets both a limitation period for bringing a claim and a longstop after which liability generally expires, running from when the product was placed on the market. An extended period applies in limited cases where personal injury symptoms emerge slowly. Practically, this means keeping product records for considerably longer than a typical document retention policy provides for.

Do I need to do anything on the Euverify platform right now? No. We will write to you separately about how our service is adapting ahead of December, and what, if anything, that means for your account.
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​Why is Euverify asking us to hold product liability insurance?

Two reasons, and both are worth understanding.

The first is your own protection. Under the new Directive, a person who suffers harm from a defective product can bring a civil claim for compensation, and the changes to evidence disclosure and legal presumptions make those claims easier to bring than they have been. Product liability insurance is what stands between that claim and your balance sheet. This is not a hypothetical risk for small businesses — a single claim involving personal injury can be substantial.

The second is our own position. Euverify carries insurance in order to act as a representative, and our insurers require that the manufacturers we represent hold appropriate product liability cover of their own. This is a standard condition across the market and it applies to every client we represent, without exception.

Does this apply to all products, or only some?

Product liability insurance is required for all manufacturers we represent, across every product category and both the EU and UK markets. It is not limited to high-risk products.
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​Does Euverify need to be named on our policy?

For most products, no. Holding valid cover for the markets you sell into is sufficient, and you simply upload the certificate to the platform.

For higher-risk product categories, we do ask to be named on the policy. Where this applies, we will tell you and set out exactly what wording your broker needs to add. If your insurer will not agree to it, contact us and we will discuss the options with you.
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​What limit of cover do we need?

There is no legally required minimum. The Product Liability Directive creates the liability but does not require you to insure against it, so any figure is a commercial judgement rather than a compliance threshold.

What has changed is that the exposure is now open-ended. The previous financial caps on liability for personal injury have been removed, as has the €500 minimum threshold for property damage claims. In Germany, for example, the draft bill before the Bundestag would remove the €85 million cap and the €500 property damage deductible. Smaller claims that would previously have fallen below the threshold can now be brought, and consumer organisations can bring representative actions on behalf of groups.

Euverify requires cover appropriate to the risk of the products we represent. Our current requirements are:

The limit must apply both per occurrence and in the aggregate, and your policy excess should not exceed £10,000.

Four points to check with your broker, because a policy at the right limit can still fail to respond:

If your broker is unsure on any of these, contact us and we can point you to brokers familiar with the requirement.
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What if we cannot obtain cover?

Contact us before the deadline rather than after it. In most cases cover is available and it is a question of finding the right broker for your product category. If cover genuinely is not obtainable for a particular product, we need to discuss it with you, since we cannot continue representation without it.
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​How much does Amazon require?

Many of our clients already hold cover because Amazon requires it, and for most product categories the Amazon standard is close to our own floor.

Amazon requires sellers to hold commercial liability insurance once they exceed USD 10,000 in gross proceeds in a single month, or earlier if Amazon requests it. The requirement applies to all products you list, whether or not you manufactured them.

The Amazon standard is:

If you already hold an Amazon-compliant policy, you will usually meet our general consumer goods requirement without any change. However, note two differences. Amazon's threshold is a platform condition, not a risk assessment — it is the same USD 1 million regardless of whether you sell notebooks or nursery products. For elevated-risk and high-hazard categories, our requirement is higher, because the realistic cost of a personal injury claim in those categories exceeds it. And Amazon's requirement covers your Amazon sales; if you also sell through your own website, other marketplaces or retail distribution, check that your policy covers those channels too.

The full text of Directive (EU) 2024/2853 is published on EUR-Lex. Because it is a Directive rather than a Regulation, each EU Member State transposes it into its own national law, and the detail of implementation may vary between states. If you sell into a specific market and want certainty on how the rules will apply there, check the national implementing legislation or take local advice.

This article is provided for general guidance only and does not constitute legal advice. Euverify acts as an Authorised Representative and compliance support provider. For advice on your specific circumstances, please consult a qualified legal or regulatory professional. Euverify accepts no liability for decisions made on the basis of this information.