Liability-First” v/s “Compliance-First”

The European Union’s policy approach to artificial intelligence (AI) has undergone a significant transformation over the past decade and this shift is documented in detail in the study commissioned by the European Parliament’s Committee on Legal Affairs (JURI). The study explores the historical evolution of AI liability policy, assesses the limitations of existing frameworks and proposes alternative models for harmonisation and efficiency.

According to the study, what began as a “liability-first” approach, where civil liability reform was at the centre of the regulatory strategy, has been overtaken by a “compliance-first” model prioritising ex ante obligations under the Artificial Intelligence Act (AIA). This change has had major implications for the place of liability in EU lawmaking