Converging substantive and choice-of-law rules in AI-related harm: a focus on the relevant EU legal framework

This Chapter examines the recent evolution of EU legislation on artificial intelligence, with a particular focus on its relationship with choice-of-law rules. While the EU has taken significant steps to develop a regulatory framework centred on the substantive regulation of AI – especially in terms of safety, risk assessment, and liability – questions concerning applicable law and jurisdiction have remained largely unaddressed. This disconnect risks generating legal uncertainty in cross-border disputes, particularly in areas like product liability, where harmonised substantive rules are being introduced. Without a clearer alignment between these substantive provisions and the rules governing applicable law in civil liability, the risk is a fragmented legal landscape and uneven enforcement across Member States. The Chapter argues for a more integrated approach: one that bridges the gap between substantive regulation and private international law. Alternatively, it may be necessary to revisit existing choice-of-law frameworks to ensure they are fit to address the challenges posed by AI systems.