ORBIS Compliance

United Kingdom Consults on Reforming Liability for Defective Products

Published /Effective /United Kingdom

The Law Commission opened a consultation on modernising Part 1 of the Consumer Protection Act 1987. Its provisional proposals would broaden the definition of product to cover software, artificial intelligence systems and digital platform features; recognise digital forms of supply; and add potentially liable actors such as fulfilment-service providers, online marketplaces and United Kingdom authorised representatives. The paper also proposes clearer defect criteria, evidential presumptions in difficult cases, compensation for corrupted data and revised limitation rules. These are proposals and do not yet change the applicable liability regime.

Impact

Impact assessment: High.

Key reasons: The proposal could materially expand both the products and economic operators exposed to strict product liability, including digital products and online supply chains.

Who is affected?

Manufacturers, software and AI developers, importers, distributors, marketplaces, fulfilment providers, authorised representatives, insurers and consumer-product compliance teams.

Conclusion:

Review product-liability allocation, contractual indemnities, technical documentation and incident evidence, but do not treat the proposals as binding until legislation is adopted.

Regulatory Authority

Law Commission of England and Wales

Regulatory Impact

Impact TypeStatus
Top Priority
Type Certificate
Spectrum Bands
Import Changes (HS Codes)
Standard Changes
Product Changes
Label Changes

United Kingdom Quick Facts

Regulatory AgencyOfcom (Office of Communications)
Certification TypeVoluntary
License ValidityIndefinite
Application LanguageEnglish
Legal License HolderRequired
In-country Testing RequirementNo testing required

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