Is your EU Authorised Representative ready for the new PLD?

The new Product Liability Directive explicitly categorises software and AI as products. It expands liability to importers, authorised representatives, fulfilment service providers and online marketplaces. Furthermore, it eases the burden of proof, forces evidence disclosure, abolishes the €500 claim threshold and introduces compensation for destruction or corruption of data not used for professional purposes and medically recognised psychological harm.
Directive (EU) 2024/2853 applies to products placed on the EU market or put into service after 9 December 2026. Products on the market before that date are not affected. Products already in consumers’ hands before that date are also not affected.

The main changes:

For sellers without an EU entity, the explicit inclusion of ARs in the liable parties list is the most immediate operational change.

The primary liable party is the manufacturer. If based outside the EU, liability falls to the importer or AR, then to the FSP. Finally, a distributor or online marketplace becomes liable if they fail to identify a liable EU-based operator within one month.
If you sell into the EU without a local entity, an injured person will look for the nearest EU-based party in the chain. Without an EU importer, that is typically your AR.
Article 8 of Directive (EU) 2024/2853 sets out the full chain:

Joint and several liability (Article 12). Any two or more parties can be held for the full amount. A claimant does not need to split their claim.
Right of recourse (Article 14). An operator that pays a claim can seek recovery from others in the chain.

Article 4(11) sets out who legally qualifies as an AR. Having a name on paper is not enough. Your AR must be genuinely established in the EU, hold an updated commercial agreement that addresses this new liability, and have the operational capacity to respond when a claim arrives.
‘Established within the Union’ is not satisfied by a registered address. An AR named as a defendant in court must be genuinely reachable and legally competent in an EU member state.
Many ARs in operation today were appointed for CE marking or General Product Safety Regulation (GPSR) compliance. If their mandate was written for those purposes, they automatically absorb the new PLD liability by law, but their current commercial contract very likely lacks the indemnification clauses to manage it.

Before the new directive, your AR’s role was administrative. They kept your compliance files in order and handled regulatory correspondence. For products placed on the market or put into service after 9 December 2026, your AR can be asked to pay compensation when a product causes harm. Standard insurance does not cover this. An AR without PLD-aligned insurance cannot protect themselves or you.
The type of insurance matters.

We secured PLD-aligned insurance for 24hour-AR in June 2026 and are among the first AR providers to have done so. Many smaller providers have not yet completed this step. Ask your AR for the specific policy document, not just a verbal confirmation.

These five questions take about five minutes to ask. They tell you whether your AR is genuinely ready for the new rules or whether you are carrying risk you are not aware of. Ask for documentation, not just reassurance. If your AR hesitates, that is your answer.

Does your AR have a physical EU office?
A registered address is not enough. An AR defending a claim needs a genuine operational presence in an EU member state.
Is there an updated commercial agreement between you and your AR?
A mandate written for CE marking or GPSR purposes automatically makes the AR legally liable under Directive (EU) 2024/2853, but their current contract very likely lacks the indemnification clauses to manage this exposure. Ask for an updated commercial agreement that explicitly addresses indemnification and liability under Article 8(1)(c)(ii).
Does your AR have qualified compliance staff?
Ask who handles the technical files for your product category. An AR without relevant expertise cannot manage the complexity of a product liability case.
Is there a documented technical-file process?
Operational substance includes processes, not just legal registration. If your AR cannot show a documented technical-file process, their Article 4(11) standing is questionable.
Does your AR carry PLD-aligned insurance?
Ask for the policy document. Standard professional indemnity insurance does not cover Article 8(1)(c)(ii) exposure. The specific policy must address the AR’s liability position under the directive.

24hour-AR provides EU Authorised Representative services for brands and sellers based outside the EU. We cover CE marking, GPSR, EPR, PPWR and other EU regulatory frameworks.
In June 2026, we secured PLD-aligned insurance in direct response to Directive (EU) 2024/2853 and are among the first AR providers in Europe to have done so. We have also updated our client commercial agreements to address Article 8(1)(c)(ii) liability exposure.
A detailed legal opinion on the AR’s position under the directive is currently in preparation and will be shared with clients. You can read the full analysis in our EU Product Liability Directive guide.

The new Product Liability Directive changes the role of the EU Authorised Representative from an administrative compliance contact into a party that can be sued directly. For non-EU manufacturers and sellers, this makes the quality, insurance and contractual setup of your AR much more important.

Before 9 December 2026, check whether your AR has a real EU presence, updated agreements, qualified staff, documented processes and PLD-aligned insurance. If not, now is the time to fix it.