The legislative proposal to modernize product liability law aims to adapt liability regulations to the challenges of the digital age and implement the EU's Product Liability Directive 2024/2853. The DIHK welcomes the goal of updating but points out significant risks to businesses. In particular, additional costs, increased documentation efforts, and the jeopardizing of trade secrets are imminent.
The Key Points Briefly
- Recognised necessity: Modernising product liability for digital products is sensible.
- Expansion of scope: Liability includes updates, upgrades, and digital construction documents without clear limitation to business activities.
- Increased litigation risks: New disclosure obligations (§§ 19–20 RE-ProdHaftG) may jeopardise trade secrets and require extensive documentation.
- Risk for SMEs: Small and medium-sized enterprises especially face high organisational and financial burdens.
- 'Safeguards' are missing: Procedural protections urgently needed to safeguard trade secrets.
Background
The 2024/2853 Product Liability Directive aims to modernize liability for products—including those of a digital nature—EU-wide. However, the draft law by the Federal Ministry of Justice and Consumer Protection extends the scope partially beyond EU regulations and introduces procedural innovations that significantly impact German civil procedural law. SMEs thus face organizational, financial, and legal burdens.
DIHK Demands
- The disclosure rules for evidence (§§ 19-20 RE-ProdHaftG) in liability processes contradict the fundamental principles of German civil procedural law. To protect against possible exploratory trials, companies have to create extensive documentation.
- Implementation of procedural safeguards to protect companies’ trade secrets.
- No extension of the scope of application to include digital construction data outside of business activities to avoid "gold-plating."
FAQ
Frequently Asked Questions
Why is a modernization of product liability laws necessary?
Digital products and AI systems are transforming production processes and product life cycles. Liability laws must reflect these changes without placing disproportionate burdens on companies.
What risks exist for SMEs?
SMEs bear the organizational and financial burdens, especially due to the continuous monitoring of software, updates, and digital construction documents.
What does the DIHK mean by "safeguards"?
Procedural protection mechanisms, such as in-camera procedures, which ensure that sensitive company information does not have to be disclosed unprotected.
What does "gold-plating" in the legislative proposal mean?
The national law goes beyond the EU directive, for example by including digital documents even outside of business activities, unnecessarily burdening companies.
How can competitiveness be maintained?
By closely defining the scope of application, practical regulations for modifications, protection of trade secrets, and the possibility of contractual waiver of recourse.
Download
DIHK Statement on Modernizing Product Liability Law (PDF, 173 KB)
(only available in German)
- Relevant in topic:
- Recht
- Key areas:
-
- Handel
- Mittelstand
Released 08.10.2025
Modified 12.03.2026
Contact
Julian Kulaga
Director Consumer Law and Intellectual Property Law