This paper is about: Software product liability issues, software quality control and the developer's liability in the European Union as implemented in Germany, discussed on the example of autonomous vehicles.
Product liability is the responsibility a producer, as a legal person, has towards another subject, the consumer, with regard to an act. The producer is liable for the act of producing and/or placing a product on the market. The liability obligation in the case of product liability does not result from the contractual obligation between the contracting parties, in the sense of a disposition and executory agreement. Rather, it is a state intervention into the private autonomy, limiting the freedom of contract-design by law. Its purpose is to preventively protect consumers against damage caused by defective products. The legal liability of the producer for defective products is no dispositive law, which could be limited or even waived by agreement between parties. Product liability, together with legally prescribed warranty rights and voluntary guarantees are the foundation of consumer protection in the German legal system.
Inhaltsverzeichnis (Table of Contents)
- Liability as consumer protection
- Definition of Liability and Product liability
- Differentiation between product liability, guarantees, warranty rights, and producer liability
- Product liability in the European Union
- Product Liability and Consumer protection prior to the European Union
- Relevance of consumer protection for the European Single Market
- Need for harmonization of consumer protection law
- Origin and Content of the Product Liability Directive (85/374/ECC)
- Legal basis of European Directives and EU-Law
- Hierarchy of norms in the European Union in context of German Law
- The legal basis of harmonized European law in Germany
- Historical origin and implementation of the Product Liability Directive
- Development of the European Directive (85/374/ECC)
- European directives and their implementation in national law
- Content and Scope of the EU-Directive and ProdHaftG
- Scope of the EU Directive and ProdHaftG
- Exclusion and limitation of liability
- Software as a product within the meaning of the Product Liability Directive
- Definition of software
- Technical differentiation of software and hardware
- Legal definition of software
- Interpretation of "Software" as a product
- Legal Interpretation in conformity with EU Directives as Extension of the supranational ECJ Interpretation
- Interpretation of the term "movable thing" in conformity with the Directive within the meaning of the Directive. Art. 2 EU Directive (85/374/ECC)
- Software distributed via a data carrier
- Online distributed Software
- Control of the safety of products
- Autonomous vehicles
- Classification in degree of automation
- Opportunities and risks of autonomous driving
- Software updates as a product and moral obligation of the manufacturer
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the legal framework surrounding software product liability issues in the European Union, specifically focusing on the implementation in Germany. Using the example of autonomous vehicles, it delves into the complexities of software quality control and the developer's liability. The paper aims to analyze the definition of software as a product under the Product Liability Directive, explore the interpretation of "movable thing" in relation to software distribution, and assess the control of product safety in the context of autonomous driving.
- The legal framework of product liability in the European Union
- The application of product liability law to software
- The legal implications of autonomous vehicles, including software updates and product liability
- The importance of software quality control and the developer's liability
- The challenges of regulating and controlling the safety of products in the context of rapidly evolving technology
Zusammenfassung der Kapitel (Chapter Summaries)
- Liability as consumer protection: This chapter establishes the framework of liability and product liability, differentiating between various legal concepts such as guarantees, warranty rights, and producer liability.
- Product liability in the European Union: This section explores the historical development of consumer protection in the European Union, highlighting the relevance of consumer protection for the Single Market and the need for harmonized consumer protection law.
- Origin and Content of the Product Liability Directive (85/374/ECC): This chapter delves into the legal basis of European directives and EU law, analyzing the hierarchy of norms in the context of German law. It then examines the historical origin and implementation of the Product Liability Directive, exploring the content and scope of the EU Directive and ProdHaftG.
- Software as a product within the meaning of the Product Liability Directive: This chapter defines software, differentiating between technical and legal perspectives. It examines the legal interpretation of software as a product in accordance with EU Directives.
- Interpretation of "Software" as a product: This section focuses on the legal interpretation of "movable thing" in relation to software distributed via data carriers and online. It analyzes the application of the Product Liability Directive to software distribution.
- Control of the safety of products: This chapter explores the mechanisms for controlling the safety of products, particularly in the context of software and evolving technology.
- Autonomous vehicles: This section classifies autonomous vehicles based on their degree of automation and examines the opportunities and risks associated with autonomous driving, particularly in relation to software updates and product liability.
Schlüsselwörter (Keywords)
The key focus of this paper revolves around the legal complexities of software product liability in the European Union, specifically considering the implementation in Germany. The paper explores various facets of this issue, including product liability, consumer protection, software as a product, autonomous vehicles, software updates, and developer's liability. The primary themes explored include harmonization of consumer protection law, interpretation of EU directives, and the challenges of regulating new technologies within existing legal frameworks.
- Quote paper
- Anonym (Author), 2022, Fundamentals of software law. Software product liability issues, software quality control and the developer's liability in the European Union, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1316663