Today, if the manufacturer of a defective product is untraceable, the injured party can ask the distributor for clarification on who supplied it: if the distributor does not respond within three months, they become responsible themselves. With the new rules coming into effect on December 9, the same mechanism will also be extended to online platforms where the product was purchased. And with a shorter deadline: one month.
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Not only that. If a device with a defective software component deletes the user’s personal data, that damage will become compensable, along with recovery costs. These are two of the main new features of the legislative decree scheme that implements the European directive 2024/2853, amending the Consumer Code.
The start in December
The issue is current because the decree, approved by the Council of Ministers in early August, has just completed its process through the Chamber Committees for opinions. The Government can thus proceed with the adoption of the final text by November 9, 2026, a deadline extended by three months from the original August 9 deadline. The new rules will apply only to products placed on the market after December 9, 2026; for previous ones, the current regulations remain.
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More subjects and more products
Let’s see some news. Alongside the manufacturer, the importer and the authorized representative respond when the manufacturer is established outside the Union; in the absence of both, the logistics service provider. The notion of product expands to software, electricity, raw materials, and files for digital manufacturing.
Less burden of proof
The injured party remains responsible for proving defect, damage, and causal link, but three relative presumptions of defectiveness arrive – failure to produce evidence by the defendant, violation of safety requirements, obvious malfunction – plus a presumption for cases of excessive evidentiary difficulty related to technical or scientific complexity. All can be overcome with contrary evidence. The presentation of evidence by order of the judge is also introduced, which can be requested by both the plaintiff and the defendant.
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