An Assessment of the Current State of Turkish Law in Light of the Reforms Introduced by Directive 2024/2853 on Product Liability

Abstract

This study examines the significant reforms introduced by the European Union's New Product Liability Directive (2024/2853) and evaluates the current status of Turkish product liability law in light of these changes. The former Directive 85/374, in force for nearly 40 years, had become outdated due to rapid technological advancements and digitalization. The new Directive responds to these developments by explicitly including software and artificial intelligence within the definition of "product," introducing presumptions that ease the burden of proof for injured parties, expanding liability to cover not only manufacturers but also broader economic operators, and redefining the moment of liability to include, under certain circumstances, the lifecycle of the product-not just its release date. In this way, it is intended to make it easier for those injured to access broader protection in a more convenient way. In Turkish law, although Law No. 7223 on Product Safety and Technical Regulations, enacted in 2020, officially introduced strict liability for producers, it diverges significantly from the new Directive in key areas. The definition of product excludes intangible digital products like software, no presumptions are provided in favor of injured parties, and the concept of "nonconformity" is framed narrowly around technical regulatory compliance rather than user safety expectations. The article concludes that Turkey's product liability regime, although relatively recent, is already outdated in the face of modern challenges and EU standards. For meaningful alignment and effective user protection in the digital age, the Turkish framework must be revised to better reflect the core objectives and modern scope of the new EU Directive.