When is AI a product? China’s new approach and the choices facing the UK Law Commission – City Law Forum
‘In September 2026, China’s Supreme People’s Court (SPC) issued new judicial guidance on disputes involving artificial intelligence. Among the issues addressed is a fundamental question for product liability: when should AI itself be treated as a product? China has drawn a relatively clear boundary, keeping product liability connected to AI embodied in physical products rather than standalone AI services. The development is particularly timely for the UK, where the Law Commission is reviewing the UK product liability regime under the Consumer Protection Act 1987 (CPA), including its treatment of digital products and emerging technologies. The EU has already taken a different route by expressly bringing software within its revised product liability regime. These contrasting approaches provide a useful lens through which to consider the choices now facing the UK Law Commission.’
City Law Forum, 7th November 2026
Source: blogs.city.ac.uk

