News November 2023

News

EJF Collaborates in the Joint Industry Statement Concerning PLD Proposed Revision

The European industry is deeply concerned about the proposed revision of the PLD. EJF and other European organizations have published an Industry Statement stating that the proposed revision, as it stands, could disrupt the balance between consumer protection and business interests, potentially leading to a culture of litigation in Europe. This imbalance would not only affect companies but also consumers: innovations could become too risky, and rising legal cost exposure might result in a cost spiral making products and services more expensive (social inflation).

The proposed changes to the directive may eliminate existing safeguards and create a litigation-friendly environment, increasing the legal risks and complexity for European businesses, especially smaller companies. The primary beneficiaries of these changes would be lawyers and third-party litigation funders, not consumers.

Moreover, there are questions over the expansion of the Directive to cover digital products, shifting the burden of proof, and its disclosure of evidence provisions, all of which pose significant challenges for businesses. We urge European policymakers to reconsider these measures and strike a balance that modernizes product liability without undermining innovation and legal certainty.

Read the full statement here.

 

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