Mariana Soares David signs article on the new European Directive on defective products

Mariana Soares David, partner at Morais Leitão, has written the article "New European Directive on Defective Products: Main Changes', in which she discusses the significant changes introduced by Directive (EU) 2024/2853, which entered into force on 8 December 2024.

The article, published in Distribuição Hoje magazine, analyses the impact of this new regulation, which replaces Directive 85/374/EEC and introduces a stricter liability regime for defective products. Mariana Soares David highlights the broadening of the definition of "product", which now includes digital and integrated goods, as well as the new responsibilities attributed to digital platforms and other economic operators.

Among the most important changes are the inclusion of new categories of compensable damage, such as the loss of digital data and proven psychological damage, as well as the strengthening of the conditions that make it easier for consumers to prove defects, especially in technologically complex products.

The Morais Leitão partner also stresses the need for companies to adapt before 9 December 2026, the deadline for transposing the directive, and recommends strengthening quality control and cybersecurity measures.

Read the full article in the attachment below.

(The article is in portuguese only)