Transposing the EU's New Product Liability Directive: A Member State Progress Report — October 2026 Update

At a Glance

• Lithuania is now the third state to fully transpose the PLD into national law. Its legislation expands definitions related to software, artificial intelligence, and digital services; introduces burden-of-proof presumptions favoring claimants; and applies joint-and-several liability across the supply chain.
• Slovenia's Ministry of Justice drafted a proposed bill, which was submitted to the government for consideration on October 21, 2026.
• Most member states are still in the deliberation stage, either continuing to evaluate draft legislation that has been made available publicly or in preliminary legislative stages with no draft legislation yet available. With the December 2026 deadline fast approaching, several member states appear unlikely to complete transposition on time.

In April 2025, we published "Ten Things to Know about the European Union's New Product Liability Directive," which outlined the sweeping changes introduced by the European Union's (EU) new Product Liability Directive 2024/2853 (the PLD). That article addressed the significant reforms made by the PLD, including: (1) its expanded scope, which applies product liability laws to software and artificial intelligence; (2) its claimant-friendly burden-of-proof presumptions; and (3) its broadened categories of recoverable damage.

With the December 9, 2026, transposition deadline less than six weeks away, important developments have taken place at both the EU and national levels. This article builds on our September 2026 update and focuses on how individual EU member states are progressing toward implementation.

For an in-depth look at key aspects of the PLD, we have written about new discovery and disclosure requirements required under the PLD and the new categories of recoverable damages it permits.

Member State Transposition Progress

The 27 EU member states are at markedly different stages in transposing the PLD into national laws. What follows is a country-by-country overview illustrating the state of play across the EU.

Transposition Complete

Croatia fully transposed the PLD into national law, becoming the second EU member state to do so, as reported in our September 2026 update.

Hungary fully transposed the PLD into national law prior to our September 2026 update.

Lithuania's Seimas (the Lithuanian Parliament) implemented the PLD via Act XV-1080 on June 25, 2026. Most notably, the Act expands definitions related to software, artificial intelligence, and digital services; introduces burden-of-proof presumptions favoring claimants; and applies joint-and-several liability across the supply chain.

Draft Legislation Available

Belgium has made its first move toward transposing the PLD. On July 18, 2026, the Belgian federal government approved a preliminary draft bill. The new 25-year expiry period for bringing a product liability claim when latency prevented an earlier filing creates one of the longest time limits in Belgian civil liability law. Belgium did not apply the PLD's optional development-risk defense but reserved the option to introduce the defense in the future. The new rules apply to products placed on the market on or after December 9, 2026.

Cyprus and Denmark both published draft bills transposing the PLD earlier this year, though neither has advanced beyond this stage. Our September 2026 update details the provisions of each bill.

Czech Republic. The Czech Republic has published a draft bill transposing the PLD. The bill expands the definition of a product to include software and digital versions of movable items. It also expands the range of potentially liable defendants to include substantial modifiers, component manufacturers, importers, authorized representatives, fulfillment service providers, distributors, and online platforms. Although the development-risk defense already exists in the Czech Civil Code, the bill would bar the defense where the defect was caused by a related service, software, or product modification.

Finland. As discussed in our September 2026 update, Finland published a draft bill in February 2026, and the consultation period closed in March 2026.

Germany. On October 8, 2026, the Bundestag adopted the government's draft bill transposing the PLD. The law now awaits consideration by the Bundesrat, with a deadline of October 30, 2026. This marks significant progress and puts Germany on track to meet the December 9, 2026, deadline.

Italy. The government sent Draft Government Act 434 to the Senate on August 7, 2026. In September, the Senate Justice Committee issued a favorable opinion with observations, but the decree has not yet been finally adopted.

Netherlands. On September 9, 2026, the Tweede Kamer Justice and Security Committee registered the PLD Implementation Act for plenary treatment. The parliamentary schedule lists the bill for plenary debate beginning in the third week of 2027. Absent a change to this timeline, the Netherlands will almost certainly miss the transposition deadline.

Poland. On September 8, 2026, the Polish government published a draft bill, opening a 14-day period for public consultation and opinions. The draft, which would amend the Polish Civil Code and Code of Civil Procedure, appears in the legislative work program of the Council of Ministers.

Slovakia. The Ministry of Economy published a Draft Act on Liability for Damage Caused by Defective Products on December 17, 2025. As of April 23, 2026, the bill was with the Editorial Board. The draft closely tracks the PLD but omits the PLD's specific "no-recourse" rule, which shields software component manufacturers that are micro or small enterprises when the integrator has contractually waived recourse.

Slovenia. The Ministry of Justice drafted a proposed bill, which was submitted to the government for consideration on October 21, 2026.

Sweden. On September 10, 2026, the Lagrådet issued an opinion on the proposed Product Liability Act, addressing its full-harmonization character, the drafting of its causation provisions, its evidentiary provisions, and the timing of manufacturer control. The bill was submitted to the Riksdag on October 15, 2026, and formally referred to the Civil Committee on October 20, 2026. The deadline for parliamentary motions against the government's proposal is October 30, 2026.

Drafting in Progress

Austria, Portugal, and Romania have not yet made draft legislation available, though these member states report ongoing preparatory work.

Bulgaria has begun drafting transposing legislation. Submission to the Council of Ministers was expected in September, but no draft has been made public.

Estonia is in the drafting stage. A formal government proposal was expected to reach parliament in September, but no further updates are available.

France and Latvia are in the early stages of the legislative process but have not yet published draft legislation.

Ireland. Transposing legislation is being drafted, and the government has indicated that it intends to meet the December 9, 2026, deadline.

No Significant Progress

A few member states have not yet taken meaningful public steps toward transposition. Based on available information, these are Greece, Luxembourg, and Spain.

Similarly, no public information currently suggests that Malta has taken or announced any formal transposition measures.

With the December 2026 deadline fast approaching, several of these member states appear unlikely to complete transposition on time. We will continue to track and report on transposition developments.