proposal is the first in the world specifically designed to address compensation for damage caused by artificial intelligence (AI) systems. Two Directives are proposed: one on adapting non-contractual civil liability rules to AI (the AI liability Directive); and the other for defective products (the Product Liability Directive). The proposed Directives are said to complement each other and the EU AI Act. The Product Liability Directive addresses a producer’s “no fault” or “strict” liability for defective products (including AI) and associated compensation for damages. Whereas the AI Liability Directive is concerned with liability arising from “wrongful behavior” by AI systems . 28 The line between the two responsibilities turns out to be very thin and unclear. However, if anything certain can be said, it is that there is no longer a clear diferentiation of the liability regime applicable to high-risk and low-risk AI systems. This diference, on the other hand, was apparent in the previous recommendation. However, the Proposal for an AI Civil Liability Directive of September 28, 2022 provides 29 for fault-based liability for both high-risk and low-risk systems, albeit with some diferentiations (which apparently sounds strange enough). In conclusion, in the light of the examples given before, there is something wrong. There is no harmony between the Proposals on artifcial intelligence and the GDPR. In fact, in the case of chatbot malfunction (low-risk system) the GDPR will be applied and therefore strict liability. Whereas, in the case of facial recognition (high-risk system), applying the rules introduced on September 28, we will have fault-based liability. The other question is: who can be sued? There has been a lot of debate as to who should be accountable in the event of a failure by an AI system. The new Proposals conclude it should be the providers of AI systems and, in some cases, the user of AI systems (each as defined in the EU AI Act). Therefore, even on that profile there is still no certainty. In favor of a "strict liability" regime for AI systems see Vladeck, D.C. (2014) ‘Machines without Principals: 28 Liability Rules and Artifcial Intelligence’, Wash. L. Review, 117/2014, pp. 117-150. Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil 29 liability rules to artifcial intelligence (AI Liability Directive). The text is available at the link: https:// ec.europa.eu/info/sites/default/fles/1_1_197605_prop_dir_ai_en.pdf. 11
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