Council of Ministers

Justice: disclosure requirement for damages suffered by the AI

The injured party is entitled to access the technical documents. The right to bring a direct claim against the insurance company has been recognised

by Giovanni Negri

12 June 2026

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3' min read

Translated by AI

Versione italiana

Key points

The performance

3' min read

Translated by AI

Versione italiana

A tailored procedure for damage caused by artificial intelligence, whether contractual or non-contractual. The draft legislative decree approved by the Council of Ministers on Wednesday addresses not only criminal matters (investigations, offences, and biometric identification procedures for fugitives and suspects), but also in the civil sphere with a package of measures dedicated to the unprecedented form of liability for failure to exercise due care regarding the use of artificial intelligence systems.

Access to documents

The Government explains that the measures relating to civil protection aim to redress the balance for those who suffer harm as a result of an AI system, by overcoming technological opacity and information asymmetries without imposing any new substantive obligations on businesses. The decree aims to strengthen access to justice for the injured party in a technically complex field, where reconstructing how the system works and establishing a causal link can prove particularly difficult.

The following aspects are therefore recognised: access to the technical documentation of the system, to enable the injured party to understand the key features of the AI used, and the presumption of causality, which lightens the burden of proof without eliminating it entirely.

Evidence

Specifically, upon application by the party claiming to have suffered the damage, the court shall order the other party or any third party in possession of such evidence to produce evidence regarding the functioning of the artificial intelligence system, where the request sets out facts and elements such as to render its validity plausible, including with regard to the link between the result produced by the artificial intelligence system and the damage alleged.

The evidence includes a series of documents required under the European Regulation on Artificial Intelligence: records and documentation relating to the risk management system, as well as information on the parameters and procedures for human oversight.

The performance

The production order shall be limited to what is necessary and proportionate to the application. The judge shall take into account the interests of all parties, with particular regard to the protection of trade secrets and confidential information.

If the party, without justifiable cause, fails to comply, even partially, with the order to produce evidence, the judge may infer evidence on the basis of Article 116 of the Code of Civil Procedure. Where the failure to comply relates to the documentation referred to in the Rules, the judge, having assessed all other evidence, shall deem the facts alleged by the applicant to be admitted. If the third party, without justifiable cause, fails to comply, even partially, with the order to produce documents, the judge shall impose a financial penalty of between 250 and 1,500 euros.

Where the damage results from a breach of one or more obligations under the Regulation, a causal link between the breach and the damage is presumed, unless proven otherwise. The compliance of the artificial intelligence system with the obligations laid down in the Regulation does not in itself exclude the defendant’s liability.

Compensation

Any person intending to bring an action may first ask the party whom they believe to be liable for the damage whether that party is covered by a civil liability insurance policy relating to the damage in question. The injured party is entitled to bring a direct claim for compensation against the insurance company providing civil liability cover for the defendant, within the limits of the sums for which the insurance policy was taken out.