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DISCLAIMER: The information provided on this website and through ISMS Copilot is for general informational purposes only and does not constitute legal or professional advice. While we strive to provide accurate and up-to-date content, ISMS Copilot does not guarantee the completeness, reliability, or applicability of any information provided.

Users should consult a qualified professional for advice regarding their specific situation. No action or decision should be based solely on the information provided by ISMS Copilot without seeking independent professional guidance.

This website may contain links to third-party sites for user convenience. ISMS Copilot does not endorse or take responsibility for the content or accuracy of any external sources.

Use of ISMS Copilot does not establish a client, consultant, or attorney-client relationship. The views expressed in ISMS Copilot outputs are those of the AI model and do not necessarily reflect the views of ISMS Copilot, its creators, or contributors.

All liability for actions taken or not taken based on ISMS Copilot's content is expressly disclaimed. The information is provided "as is," without warranties of any kind, including accuracy or fitness for a particular purpose.

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This page outlines ISMS Copilot’s approach to liability in light of the evolving EU legal framework on product and AI liability, including the new EU Product Liability Directive (PLD) (EU) 2024/2853 and the proposed AI Liability Directive (AILD).

1. Legal Context

The PLD, which applies to products placed on the EU market from 9 December 2026, expands liability concepts to include stand-alone software and AI. It introduces broader disclosure obligations, wider definitions of “product” and “damage,” and extended limitation periods for latent personal injury claims. Although the PLD primarily addresses physical products and high-risk or integrated digital systems, its broadened scope may, in principle, encompass software-based services, including AI-driven advisory tools.

The AILD, still under consideration, proposes a fault-based civil liability regime targeting harm caused by or associated with AI outputs. It intends to facilitate claims by introducing presumptions of causation or disclosure obligations in certain circumstances.

2. Nature of ISMS Copilot’s Service

ISMS Copilot provides informational compliance assistance related to information security standards, frameworks, and regulations. Unlike physical or high-risk AI products, this service does not control critical operations or integrate into products capable of causing direct physical harm. The chatbot outputs are advisory in nature and intended for professional use, with users retaining ultimate responsibility for verifying information and seeking qualified professional guidance where necessary.

This distinction reduces the likelihood that ISMS Copilot would be deemed to offer a “defective” product under the PLD or that its outputs would trigger liability under AILD principles. The software does not cause harm autonomously; it provides references and suggestions that users must evaluate and confirm independently.

3. Measures to Mitigate Liability Risks

To further mitigate potential liability risks, ISMS Copilot has implemented the following measures:

• Disclaimers and Warnings: All guidance is accompanied by clear statements that outputs may contain errors, that the assistant’s suggestions are not guaranteed accurate, and that professional verification is strongly recommended before acting on the information provided.
• No Inherent Use of Personal or Confidential Data for Training: The service does not require personal, sensitive, or confidential information. Improvements to the AI’s performance are achieved through manually curated and anonymized conceptual corrections. This approach avoids high-risk scenarios where personal or confidential data misuse could be considered a “defect.”
• Secure and Updated Practices: The software and underlying systems employ encryption, robust authentication, secure coding standards, and regular patching. Compliance with known security and privacy standards reduces the risk that software vulnerabilities or regulatory non-compliance could be construed as product defects under the PLD.
• Documentation and Governance: Internal records of processing activities, periodic reviews, and adherence to recognized compliance standards demonstrate proactive measures. Any improvements to the AI’s logic are documented to show diligence and reasoned decision-making, which may be relevant if liability claims arise.

4. User Expectations and Responsibilities

ISMS Copilot’s disclaimers and usage terms clearly inform users that the chatbot’s outputs should not be solely relied upon for critical decisions. By setting realistic expectations and encouraging users to consult appropriate professionals, the risk that a user relies uncritically on the tool’s guidance—and subsequently claims harm—diminishes.

In any dispute, showing that the user was repeatedly advised to verify information elsewhere may help refute claims that the service created an unreasonable safety expectation or that the advice was inherently defective.

5. Monitoring Legal Developments

ISMS Copilot monitors updates in EU liability law, including eventual clarifications of the AILD and evolving interpretations of the PLD. Should future guidance indicate that additional safeguards, disclaimers, or compliance steps are necessary, ISMS Copilot will incorporate them. Regular consultations with legal counsel and review of case law or industry best practices ensure ongoing alignment with legal obligations.

6. Conclusion