Belgium prepares new product liability rules for software, AI and connected products

What is changing?

The revised rules broaden the concept of a product beyond traditional physical goods.

The new regime may cover:

• standalone and embedded software;
• AI systems;
• applications, operating systems and firmware;
• digital manufacturing files;
• connected devices and their digital components; and
• certain digital services integrated into or connected with a physical product.

Software may be covered regardless of whether it is installed locally, embedded in a device or accessed through cloud technology.

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

Why this matters for technology companies

Software developers and AI providers may be treated as manufacturers and may therefore face strict liability for damage caused by defective products.

A product is defective where it does not provide the safety that a person is entitled to expect. In the context of digital products, the assessment may take account of:

• the product’s intended and reasonably foreseeable use;
• its ability to learn or acquire new features;
• applicable cybersecurity requirements;
• software updates and upgrades;
• the interaction with other products or digital services; and
• whether the product remains under the manufacturer’s control after being placed on the market.

A connected product may therefore become defective because of an unsafe software update, an AI system’s evolving behaviour or a failure to address a cybersecurity vulnerability.

Broader liability and easier claims

The new regime expands the range of businesses that may potentially be held liable. Depending on the supply chain, this may include:

• manufacturers and component manufacturers;
• software developers and AI providers;
• importers and authorised representatives;
• distributors and fulfilment service providers; and
• businesses that substantially modify an existing product.

Claimants must still establish damage, a defect and a causal link. However, courts will be able to use disclosure orders and legal presumptions in certain circumstances, particularly where technical or scientific complexity makes proof excessively difficult.

These changes increase the importance of preserving development records, testing results, safety assessments, update histories and incident documentation.

Which damage is covered?

The revised regime covers personal injury and property damage. It also extends compensation to:

• medically recognised psychological harm; and
• destruction or corruption of data used for non-professional purposes.

The inclusion of private data loss may be relevant for consumer software, smart-home products, health applications, connected vehicles and other digital products that store personal content.

Pure economic loss and damage to data used exclusively for professional purposes are not covered by the harmonised regime, although other contractual or non-contractual claims may remain available.

Entry into force

EU Member States must transpose the revised Product Liability Directive by 9 December 2026.

The new regime will apply to products placed on the market or put into service after 8 December 2026. Products placed on the market before that date will remain subject to the existing rules.

The Belgian preliminary draft is not yet final and may still change during the legislative process.

What technology companies should do now

1. Map covered products

Identify software, AI systems, connected products and related digital services that may fall within the expanded regime.

2. Clarify supply-chain roles

Determine which entities qualify as manufacturer, component manufacturer, importer, distributor or fulfilment service provider.

3. Review software lifecycle controls

Document testing, deployment, updates, cybersecurity patches, monitoring and end-of-support decisions.

4. Strengthen technical documentation

Preserve evidence of safety assessments, known limitations, foreseeable misuse and incident response.

5. Review contracts and insurance

Reassess warranties, indemnities, liability provisions, supplier recourse, insurance coverage and cooperation obligations.

FAQ

Are software and AI systems considered products?

Yes. Commercial software and AI systems may qualify as products, whether supplied separately, embedded in equipment or accessed through cloud technology.

Can a company be liable for a defective software update?

Yes. Manufacturers may remain liable for defects resulting from software updates, upgrades or related services that remain within their control.

Has the Belgian legislation already been adopted?

No. The Belgian Council of Ministers approved a preliminary draft law on 18 July 2026. The text must still be reviewed by the Council of State and subsequently adopted by Parliament.