EU Reaches Agreement On AI Act Text: What This Means For Employers

On February 2, 2024, European Union policymakers reached an agreement on the final text of the Artificial Intelligence Act (AI Act), taking us another step closer to the world's first comprehensive AI legislation, and, fortunately, giving employers much-needed guidance on their forthcoming notice, human oversight, and other obligations.

Quick Hits

• Assuming that last week's leaked text is, in fact, the current draft, the AI Act will require employers to notify employees and workers' representatives before implementing "high-risk AI systems," such as those used in recruiting or for other employment-related decision-making.
• The AI Act will also require employers to follow "instructions of use" provided by the producers of such high-risk AI systems, implement human oversight by individuals with adequate training, monitor use of the system for issues like discrimination, and retain records of the AI output, all while also maintaining compliance with existing data