The European AI Act requires employers to ensure that employees have sufficient knowledge of AI systems. This can be achieved through training, but also through an AI policy tailored to the company. What should you include in such a policy? What role does the works council play in the implementation of the AI policy?
In this blog, we explain why an internal AI policy is important and offer practical guidance for employers on the use of AI in the workplace, including points to consider about the GDPR. Finally, we discuss the role of the works council in the introduction of AI systems and an AI policy.
The AI Act requires users of AI to provide both their employees and third parties working for them (hereinafter collectively referred to as employees) with sufficient knowledge and skills regarding the use of AI systems, known as AI literacy. This obligation came into force on 2 February 2025.
Many employers therefore offer AI literacy training within their organisations. During these training courses, employees gain insight into how AI systems work and learn to make informed decisions when using them.
An important addition to these training courses is the drafting of an internal AI policy. This policy sets out how AI systems may be used within the company. It can also specify how AI is used to make decisions about individuals.
The AI Act distinguishes between AI systems based on different risk levels. This classification depends on the potential consequences of using the system.
AI systems used within companies may fall into the high-risk category if they can have significant consequences for employees or business processes in areas such as safety, critical infrastructure and personal insurance. The Act imposes additional requirements on these systems, which will come into force on 2 August 2027. An internal AI policy prepares the organisation for these additional legal requirements.
It is important that employees are aware that AI systems are tools and not a replacement for human decision-making. The use of AI requires responsible behaviour; in principle, the user remains ultimately responsible for the outcome.
When drawing up internal AI policy, the following points, among others, can be considered:
Ensure that employees have at least a basic understanding of how the AI systems they use work and of the systems used to make decisions about them.
Although AI systems are becoming increasingly sophisticated, they can make mistakes, suffer from bias or produce so-called hallucinations. Checking the output and paying attention to the sources used remains essential. Therefore, establish rules for checking AI output and verifying the sources used.
The provision of personal data is only permitted if it is compatible with the original purpose of the data processing. Ensure that there are clear guidelines on the anonymisation of personal data and prevent it from being shared unnecessarily with AI systems. This also applies to systems used for personnel administration.
Ensure that suppliers of AI systems comply with applicable laws and regulations. This is particularly important if you use AI for the processing of personal data. You remain responsible for the processing of data, even if someone else does the processing.
Record the purpose for which AI systems are implemented and periodically evaluate the functioning and risks of these systems.
Include the policy in the employee handbook or Code of Conduct.
Before introducing AI systems, it may be mandatory to first seek the advice or consent of the Works Council. When introducing or modifying a significant technological facility, the Works Council must be given the opportunity to advise on this matter. The introduction of an AI system may fall under this category, especially if it has a significant impact on the organisation or its employees.
In addition, the Works Council has the right of consent when the employer wishes to use AI systems in the implementation of social policy regulations. This includes staff assessment, the processing of staff personal data or monitoring of personnel. In such cases, the employer may not introduce an AI system without the consent of the Works Council.
When introducing a general AI policy, the employer will quickly have to seek advice and/or consent from the works council if the policy contains regulations for the use or introduction of AI systems. In addition, a protocol on AI literacy may fall under the consent requirement for regulations on staff training.
Do you have questions about the legal consequences of using AI in your company? Would you like us to draw up an AI policy for you? Are you a works council looking for legal support in decisions about the introduction of AI systems in your company? Or do you have other questions about employment law, or would you like to submit a dispute to us? Please contact us:
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