In November 2024 the European Union published a new Product Liability Directive, replacing rules that had stood since 1985. Member states have until 9 December 2026 to bring it into their national law. One change in it matters to every developer whose work is used in Europe. Software is now explicitly a product.
Under the old rules, it was often unclear whether software counted at all. Under the new ones, if a defective product causes certain kinds of harm, such as personal injury, damage to property or the loss or corruption of a person's data, the injured person can claim compensation from the manufacturer without having to prove anybody was careless. The directive covers software however it is supplied, and it names AI systems among the products in scope. Free and open source software developed or supplied outside a commercial activity is excluded.
The part that changes engineering habits is time. A manufacturer can stay responsible for a product after it is sold where updates remain under its control. Failing to provide a security update that should have been provided can itself make a product defective.
For an engineer, that turns several things from good practice into part of the company's risk picture. Knowing which versions are in the field, and on which customers' machines. Having a working route to ship a security fix to all of them. Keeping a clear record of what was tested and when. Being able to say when support for an old version really ended, and whether customers were told.
It also raises the value of people who can talk to lawyers. Somebody will need to explain to legal and product teams what an update actually does, how long an old version can realistically be supported, and what a defect looks like from the inside. Engineers who can do that calmly and accurately are rarely short of interesting work.
You do not need to read the directive. But it is worth knowing that a decision your company makes about end of support may soon be a legal decision as well as a technical one.
Monday: find out how long your team actually supports each released version, and whether that is written down anywhere.
– Asael Shinder
