Artificial Intelligence (“AI”) is transforming the world of work and is being used to help improve efficiencies across all stages of the employment lifecycle including during recruitment, training, employee monitoring and in the dismissal process. However, in reshaping the world of work, it also raises novel issues in the employment law context.
HOW CAN EMPLOYERS REDUCE RISKS RELATING TO AI IN THE WORKPLACE?
Employers should consider the following preparatory steps:
- Mapping: Identify, audit and understand the current and proposed future uses of AI within the business. Assess what actions may need to be taken in relation to such use to ensure compliance with the new EU AI Act;
- Governance: Appoint leadership with responsibility for overseeing AI use in the workplace and to engage with relevant stakeholders (including employment / HR, legal, privacy, technology functions) to set the business' framework for AI implementation;
- Policies and procedures: Internal policies should be developed to articulate the guardrails for AI usage within the business;
- Training: Appropriate training and guidance should be provided to all employees using AI systems to ensure they understand how to use the tools in accordance with the provider's instructions and what their obligations are under the new rules;
- Supply chain management: Engage with third party suppliers, including a review of existing contract terms, to ensure legal protections and controls are in place in relation to the acquisition of AI;
- Risk assessments: Explainability is a key element in reducing the risk of algorithmic bias. Develop a model to holistically assess proposed AI use and the suitability of data used to train AI systems; and
- Consultation: Employees and their representatives must be informed that they are subject to an AI system under the EU AI Act. Identify any consultation obligations with representative bodies under any collective or works council agreement in relation to current and planned AI deployment and processes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
