Legislative Decree No. 179 of 7 October 2026, effective from 23 October 2026, brings the Italian legal framework into line with the EU Artificial Intelligence Act and introduces specific provisions applicable to the employment context.
The key change is set out in Article 41, which provides that, where an employer uses artificial intelligence systems, final decisions concerning hiring, modification or termination of employment, including disciplinary measures and performance assessments, may not be based solely on automated processing. Such decisions must be subject to effective and independent human decision-making, and this requirement cannot be waived, even with the employee’s consent.