Software and AI Systems to Become Legal Products Under Polish Civil Code Reform

The Ministry of Justice has published draft assumptions for amendments to the Civil Code and civil procedure implementing the EU's Product Liability Directive. Starting December 9, 2026, software, mobile applications, and artificial intelligence systems are to be treated under Polish law the same way as a car, a toy, or a household appliance, with their producers held liable for damages caused to consumers.

A New Definition of Product

Until now, Poland's rules on liability for dangerous products, derived from a 1985 directive, mainly covered physical goods. Standalone software, cloud-based applications, and AI models fell outside that regime even when they caused real harm. The amendment changes that: every piece of software, mobile app, and AI system formally becomes a product subject to the same liability rules as physical items.

Defectiveness will be able to stem not only from a physical fault but also from problems with digital components: missing security updates, vulnerability to cyberattacks, or a malfunctioning algorithm. Crucially, a producer's liability does not end once a product is placed on the market, it also covers control over digital elements delivered later via servers, the cloud, or software updates.

How It Works in Practice

An example cited in legal commentary involves a smartwatch that monitors vital signs. If its algorithm fails to send an alert about a dangerous cardiac event and the patient suffers lasting harm, a court would gain a direct basis for awarding damages, regardless of whether the device manufacturer or the software developer is at fault. In the United States, similar disputes are already underway against Oura Ring's maker, where users have sued the company over alleged measurement errors.

Software, apps, AI - the entities that place them on the market can be held liable for damages caused by such a product - Ewa Rutkowska, attorney, partner at KRK Kieszkowska Rutkowska Kolasiński

Rutkowska also points to a practical consequence of the change: a user will be able to sue both the device manufacturer and the software producer for damages if they are separate entities. That opens the door to lawsuits in situations that today would end up in a legal vacuum.

Easier to Prove Fault

The second major change shifts part of the burden of proof onto producers. Courts will be able to order the disclosure of technical documentation, safety reports, and algorithm validation test results. In particularly complex cases, where it is difficult for a consumer to demonstrate a causal link between the harm and the supplier's conduct, showing incomplete compliance with safety standards will suffice, a presumption of defectiveness covers the rest.

At the request of the injured party, the producer will be obligated to disclose documentation - Katarzyna Tobiasz, attorney, Graś i Wspólnicy law firm

Costs for Businesses and Consumers

For technology companies, this means greater legal risk and a need to raise safety standards for digital products, especially those used in health, finance, or automotive. Market commentators expect the cost of certifying and testing software to rise, which could partly translate into higher prices for end consumers.

Consumers, on the other hand, gain a real tool for enforcing liability in situations that previously fell outside the reach of civil law: a malfunctioning insurance algorithm, a health app ignoring alarming data, or an AI assistant giving faulty financial advice. The catalog of claims covers harm to life, physical and psychological health, and destruction of private property.

The change fits into a broader trend of European lawmakers responding to the growing role of artificial intelligence in the economy. Alongside the EU AI Act already in force, the Product Liability Directive gives consumers a separate civil-law path for pursuing claims, independent of regulatory oversight of the AI systems themselves.

More than a year remains before the rules take effect, and Poland's draft Civil Code amendment is still at the assumptions stage, not yet before the Sejm (the lower house of Poland's parliament) for legislative work. The final shape of the provisions, including details on the scope of liability for online platforms and non-EU importers, may still change as the Ministry of Justice's work continues.