Artificial Intelligence and civil law; liability rules for drones

Since the adoption of the 2017 European Parliament resolution with Recommendation to the Commission on Civil Law Rules on Robotics, drones have been identified as deserving specific regulation, and an adequate reflection on the matter was urgently called for, given their increasing diffusion.

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee – offers an overview of the different definitions and classifications of drones available across Member states and in the European Union legislation, to discuss which criteria ought to influence liability and insurance regulation. Then the study presents the Risk-Management Approach, according to which liability should be attributed to the party that is best positioned to (i) identify a risk, (ii) control and minimize it, and (iii) manage it.

Pursuant to the Risk-Management Approach, the study analyses liability rules applicable to drones at EU and MS level, to assess whether such frameworks provide adequate incentives or whether intervention at EU level is advisable, and towards which direction. Finally, the study formulates policy recommendations on the matter.

You can download the full study here