For now, at the EU level, new technology including AI is regulated by the same regulations than any other defective product, namely part of the Product Liability Directive at the EU level, or tort and insurance law of Member States. But AI characterized products carry different risks of harm, and the same treatment policy actually results in inefficient or unfair allocation of compensation to the victims.
In its last report on liability for Artificial Intelligence and other emerging technologies, published on the 21st of November, and in regards with the very different characteristics of intelligent products, the Expert Group on Liability and New Technologies from DG Justice addresses the issue and highlights the most important findings on how liability regimes should be designed or adjusted to address challenges emerging from digital technologies. Time will figure out whether those findings will be adopted by the European institutions.
Check out the full report here.