Product liability and digital products

This paper examines the topical question as to whether non-tangible products such as apps and other software not supplied on a tangible medium (should) qualify as products under EU Product Liability Directive. It addresses the relevant questions posed by the European Commission, which has recently announced an evaluation of the said Directive with the aim of its adaptation to the digital age. The article draws a crucial distinction between information (whether in tangible or non-tangible form) that should not lead to liability and tangible or non-tangible products which are not confined to mere information provision and whose defects may cause material harm. The latter must be considered as falling within the Product Liability Directive, which is eligible to reasonable interpretation achieving this aim.