EU Revised Product Liability Directive 2024: Navigating the New Liability Framework for Non-EU Manufacturers

The Revised EU Product Liability Directive 2024/2853 (the ‘RPLD’), which comes into force on 9 December 2026, fundamentally reshapes liability exposure for businesses operating across EU borders. Businesses with cross-border operations face broader liability exposures and strengthened evidence disclosure in the event of a claim. Non-EU businesses can no longer assume liability ends with an EU distributor.

Liability under the RPLD includes smart products and systems with artificial intelligence (AI), which, due to their complexity, connectivity, and data dependency, strain current legal terminology, concepts and conditions. The reform aims to integrate these products into European product liability law and to amend or extend outdated legal concepts. For companies with global supply chains, third-country manufacturers, and digital service providers, understanding these changes is critical to managing risk and ensuring compliance in the evolving European market.

Cascading Liability for Non-EU Manufacturers

The RPLD in Article 8 establishes a sophisticated liability hierarchy designed to ensure injured parties always have recourse against EU-based entities, even when the original manufacturer is located outside the Union. This represents a significant shift from previous frameworks and creates new obligations for various market participants.

Where a manufacturer is established outside the EU, liability cascades through a defined hierarchy (see Level 2 in the table below). First in line are importers—any natural or legal person who places a product from a third country on the Union market. If no importer is established within the Union, liability falls to the manufacturer's authorised representative, defined as any EU-established person with a written manufacturer mandate. Only where neither an importer nor authorised representative exists within the Union does liability extend to fulfillment service providers.

This cascading approach reflects the reality of modern supply chains whilst ensuring that injured parties can always identify a liable entity within EU jurisdiction. The framework recognises that traditional supply chain definitions no longer capture the complexity of modern commerce, particularly in e-commerce contexts where new economic operators play increasingly significant roles.

Fulfillment Service Providers: A New Category of Liable Entity

The RPLD introduces specific provisions for fulfillment service providers, acknowledging their growing importance in facilitating access to the Union market for products from third countries. These entities are defined as any natural or legal person offering warehousing, packaging, addressing and dispatching services without having ownership of the product, excluding traditional postal, parcel and freight services.

Crucially, fulfillment service providers face only subsidiary liability—they can only be held liable where no importer or authorised representative is established in the Union. This reflects their secondary role in the supply chain whilst ensuring the liability framework captures all relevant economic operators who facilitate market access for third-country products.

Online Platform Liability in Cross-Border Transactions

Online platforms face particular scrutiny under the new framework, especially when facilitating transactions involving products from outside the EU. The RPLD establishes that platforms can be held liable as distributors, but only under specific circumstances that focus on consumer perception and platform behaviour.

Liability attaches when platforms present products or enable transactions in ways that would lead average consumers to believe the product is provided either by the platform itself or by traders acting under its authority or control. However, this liability only crystallises where the platform fails to promptly identify a relevant economic operator established in the Union.

This approach balances platform innovation with consumer protection, recognising that platforms should not face automatic liability for all products sold through their services, but should bear responsibility when they create consumer confusion about the source of products or fail to provide adequate information about liable parties within the EU.

Strengthened Evidence Disclosure for Cross-Border Claims

The RPLD also introduces comprehensive evidence disclosure provisions that are particularly relevant for claims involving non-EU entities. Recognising the information asymmetry that often exists between injured parties and economic operators, especially in cross-border contexts, the framework provides claimants with a framework to access evidence.

Courts must ensure that evidence disclosure is necessary and proportionate whilst protecting confidential information and trade secrets. For digital products, evidence may need to be presented in an easily accessible and understandable manner, acknowledging the technical complexity that often characterises cross-border technology transactions.

These provisions are crucial for cases involving non-EU manufacturers where traditional discovery mechanisms may be limited by jurisdictional constraints. The framework ensures that EU-based liable entities cannot shield behind information asymmetries to avoid legitimate claims.

Practical Implications for Cross-Border Commerce

The new framework creates several immediate practical considerations for businesses operating across EU borders. Companies importing products from third countries must recognise their enhanced liability exposure and ensure appropriate insurance coverage and contractual protections. Authorised representatives need to understand their potential liability exposure, which extends beyond traditional regulatory compliance roles.

Fulfillment service providers should review their business models and contractual arrangements to understand when they might face subsidiary liability. Online platforms must assess their presentation of third-country products and ensure they can promptly identify relevant EU-based economic operators when required.

For non-EU manufacturers, the framework emphasises the importance of establishing clear liability chains through appropriate EU-based representatives or importers. The cascading liability structure means that having proper EU representation is not just a regulatory requirement but a commercial necessity to avoid disrupting distribution relationships.

What businesses should be doing now

The RPLD represents a comprehensive modernisation of EU product liability law that acknowledges the realities of global commerce whilst maintaining strong consumer protection. For businesses with cross-border operations, the key is understanding how these provisions interact with existing contractual arrangements and ensuring compliance strategies account for the new liability landscape.

As the 2026 implementation date approaches, companies should review their supply chain structures, insurance arrangements, and contractual frameworks to ensure they are positioned to operate effectively under the new regime. The framework's emphasis on ensuring EU-based liability means that traditional approaches to cross-border risk management may no longer be sufficient.

If you would like to discuss any of the issues in this article in more detail please reach out to any of the authors. 

This article is part of a larger series of articles on the new RPLD which include:

Update: Reform of product liability adopted - New liability and litigation risks for companies! - Bird & Bird

The Defectiveness of Products under the New EU Product Liability Directive - the German Perspective - Bird & Bird

Expansion of the definition of product under The Revised Product Liability Directive the Finnish Pe - Bird & Bird

Extending the limitation period in product liability claims under the Revised Product Liability Dire - Bird & Bird

Has the Revised Product Liability Directive reversed the Burden of proof placing it onto Producers T - Bird & Bird