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EU Product Liability Directive Art. 11(2): no later-defect defence for software, its updates or missing safety updates in the manufacturer's control

The manufacturer cannot rely on the defect arising after placing on the market where it is due to software, incl. its updates or upgrades, or to missing safety updates, that remain within its control

By Reviewed

From clause to evidenceThe chain from EU PLD Art. 11(2) to its evidence record, in 6 steps; the text alternative lists them and the facts under the figure state each in full.Clause: Product Liability Directive (EU) 2024/2853, Art. 11(2)ClauseEU PLDArt. 11Duty holder: ManufacturersDuty holderManufacturersApplies from: 2026-12-09 (Applies later)Applies from2026-12-09Applies laterArtefact: Change log; regression evals per release; patch decision records; versioned warningsArtefactChange logLayers: Layer 03 Evals & Red Teaming as Evidence and Layer 04 Runtime Controls & Observability and Layer 05 Assurance & Continuous ComplianceLayersLayer 03Layer 04Layer 05Evidence record: the common evidence record (Evidence record v1)Evidence recordEvidence recordv1Same topic elsewhere: no crosswalk topic files this clause yetAs of 2026-09-24 · illustrative, not a claim of conformity From clause to evidenceThe chain from EU PLD Art. 11(2) to its evidence record, in 6 steps; the text alternative lists them and the facts under the figure state each in full.Clause: Product Liability Directive (EU) 2024/2853, Art. 11(2)ClauseEU PLD · Art. 11Duty holder: ManufacturersDuty holderManufacturersApplies from: 2026-12-09 (Applies later)Applies from2026-12-09 · Applies laterArtefact: Change log; regression evals per release; patch decision records; versioned warningsArtefactChange logLayers: Layer 03 Evals & Red Teaming as Evidence and Layer 04 Runtime Controls & Observability and Layer 05 Assurance & Continuous ComplianceLayersLayer 03Layer 04Layer 05Evidence record: the common evidence record (Evidence record v1)Evidence recordEvidence record v1Same topic elsewhere: no crosswalk topicfiles this clause yetAs of 2026-09-24illustrative, not a claim of conformity
From clause to evidence Build the artefact, then file every output it produces as a record that names AIGE-OBL-PLD-ART11-2. Drawn from chapter 08.
Text alternative
  • Clause: EU PLD, Art. 11.
  • Duty holder: Manufacturers.
  • Applies from: 2026-12-09, Applies later.
  • Artefact: Change log.
  • Layers: Layer 03, Layer 04, Layer 05.
  • Evidence record: Evidence record v1.
  • Record schema: Evidence record.
  • No crosswalk topic files this clause yet.
When this obligation appliesThe date of AIGE-OBL-PLD-ART11-2 on a time axis, against its review date 2026-09-24.2024202620282030As of 2026-09-242026-12-09 · Applies laterProducts placed on the marketor put into service after2026-12-092026-12-09 · Applies later · Products placed on the market or put into service after 2026-12-09Source: Obligation register(chapter 08)
When this obligation appliesThe date of AIGE-OBL-PLD-ART11-2 on a time axis, against its review date 2026-09-24.2026-12-09 · Applies laterProducts placed on the market or put into service after2026-12-092024202620282030As of 2026-09-242026-12-09 · Applies later · Products placed on the market or put into service after 2026-12-09Source: Obligation register (chapter 08)
When this obligation applies The first date in the row's status, then each later step: filled once its date has passed, outlined while it is still ahead of the review date.
Data table: the dates
Dates of AIGE-OBL-PLD-ART11-2
DateStepDetail
2026-12-09Applies laterProducts placed on the market or put into service after 2026-12-09
Id
AIGE-OBL-PLD-ART11-2
Instrument
Product Liability Directive (EU) 2024/2853 law
Clause
Art. 11(2)
In scope
Manufacturers
Authority
National courts
Applies from
Applies later · Products placed on the market or put into service after 2026-12-09

The artefact that evidences it

Change log; regression evals per release; patch decision records; versioned warnings.

Patterns that build it

No pattern in the catalogue names this clause on its "Maps to" line yet; the artefact above is the engineering answer.

Source

Chapter 08, section Liability, copyright, consumer and sector law, checked against its sources on the review date above.

Machine-readable

Cite this obligation

García Aibar, J. (2026). EU Product Liability Directive Art. 11(2): no later-defect defence for software, its updates or missing safety updates in the manufacturer's control (AIGE-OBL-PLD-ART11-2). In AI Governance Engineering: The Thesis & Body of Knowledge (v0.5.0). https://doi.org/10.5281/zenodo.22956197. https://aigovernanceengineer.com/obligations/aige-obl-pld-art11-2. CC BY 4.0

BibTeX

@misc{aige2026obligation,
  author       = {Jorge García Aibar},
  title        = {{EU Product Liability Directive Art. 11(2): no later-defect defence for software, its updates or missing safety updates in the manufacturer's control (AIGE-OBL-PLD-ART11-2)}},
  howpublished = {In AI Governance Engineering: The Thesis \& Body of Knowledge},
  year         = {2026},
  version      = {0.5.0},
  doi          = {10.5281/zenodo.22956197},
  url          = {https://aigovernanceengineer.com/obligations/aige-obl-pld-art11-2},
  note         = {Version 0.5.0}
}