Opinion

EU Commission announces intention to withdraw AI Liability Directive and ePrivacy Regulation

EU Commission announces intention to withdraw AI Liability Directive and ePrivacy
Published Date
Feb 26 2025
On February 11 2025, the European Commission (the EU Commission) released its 2025 work programme in which it published its AI and privacy initiatives for 2025 (the Work Programme) in order to boost competitiveness, enhance security, and bolster economic resilience in the EU. 

In the annexes attached to the Work Programme, the EU Commission outlined its intention to withdraw a few pending legislative proposals within the next six months, including the proposal for the Regulation on Privacy and Electronic Communications (ePrivacy Regulation) because there is “no foreseeable agreement” expected from the co-legislators. It was also noted that the ePrivacy Regulation is considered outdated in view of recent legislation. Additionally, the EU Commission stated that the AI liability directive was also to be withdrawn for lack of foreseeable agreement, but noted that it will assess whether another proposal or alternative approach should be submitted. The intention to withdraw the AI liability directive is a significant move given this was intended to form part of the overarching EU AI offering, alongside the EU AI Act.

The EU Commission also announced the AI Continental Action Plan, coming into effect in the first quarter of 2025. This aims to take advantage of the opportunities offered by AI and emphasises the EU Commission’s desire to maintain a leading, autonomous and secure global position in the sector and avoid dependencies on non-EU sources.

The press release is available here, and the work programme, annexes and factsheet here.

 

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