Overview
- Germany’s Justice Ministry has circulated a draft law to Länder and associations, opening a consultation that runs until October 10 and preceding cabinet and parliamentary review ahead of the EU’s December 2026 transposition deadline.
- The proposal brings software, updates and AI systems within product liability regardless of how they are provided or used, while excluding open‑source software developed or supplied outside commercial activity.
- Connected digital services are covered so that service providers can be liable alongside product manufacturers when a linked service defect contributes to harm.
- If a manufacturer outside the EU cannot be reached, liability may shift to importers, suppliers, fulfilment providers and certain online platforms that present offers as their own.
- The draft eases consumer claims by presuming causation in typical defect injury cases and allowing court‑ordered evidence disclosure with trade‑secret protections, and it assigns liability to the party that substantially remanufactures used goods.