EUResearch
SSRN: Wu says EU product and rights rules misfit companion AI mental-health harms
In an October 12, 2026 SSRN preprint, Hong Wu argues that companion AI used for mental-health support creates relational and emotional harms poorly addressed by the EU's dual rights-based and product-based stack spanning the AI Act, MDR, GDPR, DSA and revised Product Liability Directive.
Key points
- Wu distinguishes four legally distinct types of companion AI, only the first of which is a medical device.SSRN
- She identifies three mismatches and proposes a relational duty of care, with the application operator as its primary bearer.SSRN
- Wu cites recent suicide cases that pushed companion AI risks into EU digital governance.SSRN
- Wu argues EU rights and product rules poorly fit relational and emotional companion-AI harms.SSRN
- The analysis spans the AI Act, MDR, GDPR, DSA and revised Product Liability Directive.SSRN