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A proposed EU directive aimed at simplifying the process for claimants to seek damages caused by AI systems by introducing a rebuttable presumption of causality.
Designed to overcome the black-box challenge, the AILD (revived following the Digital Omnibus negotiations) allows victims to access evidence about high-risk systems through court orders. If a provider fails to comply with EU AI Act documentation rules, the court can presume their fault caused the harm, shifting the burden of proof to the organization.
Real world example:
A citizen injured by an AI-piloted delivery drone sues the manufacturer. Under the Directive, the court orders the company to disclose its human oversight logs. Because the logs are incomplete, the court presumes the AI's failure caused the crash, favoring the claimant.
