Ana Frazão column in Jota 10/09: Corporate civil liability in the face of uncertainties – The relationship between the precautionary principle and the duty of care.

Following the previous column, Ana Frazão analyzes the relationship between the precautionary principle and the duty of care. The article discusses the challenges of extending civil liability to damages that escape the usual notions of risk — frequent scenario in Environmental Law and regulation of artificial intelligence — and presents, from the original wording of PL 2338/23, an intermediate criterion: responsibility for uncertainties that can already be considered based on incipient, incomplete or speculative evidence.

Link: Corporate civil liability in the face of uncertainties – The relationship between the precautionary principle and the duty of care.