The AI Act: concrete impact of the new European regulation on employers
As the use of artificial intelligence (AI) systems intensifies in French companies, a new legislative framework is emerging. The AI Act, published in the Official Journal of the European Union on July 12, 2024, and effective August 1, 2024, imposes strict rules to regulate the use of these technologies. With 40% of companies already integrating AI solutions, this figure could reach 60% within a few years. This momentum is accompanied by increased vigilance from legislators, making it essential for employers to understand the implications of this new regulation.In this article, we will review the legal obligations, the risks associated with deploying AI in human resources departments, and the best practices to adopt to avoid legal pitfalls while leveraging the benefits of this technology.Why is AI training crucial for HR?
Artificial intelligence systems offer significant opportunities for human resources. They enable you to:
Optimize internal processes
- by reducing the time spent on repetitive administrative tasks and allowing HR teams to focus on high-value missions.Improve efficiency
- through advanced algorithms that facilitate talent identification, skills forecasting, and performance management. Strengthen competitiveness
- and the company’s brand image by offering a seamless and transparent employee experience that meets the expectations of today’s talent.
However, the use of AI presents significant challenges and risks. Training on the implications of AI is essential for HR professionals, particularly regarding:
- Cybersecurity Handling sensitive data increases the risk of cyberattacks. Insufficient security can expose a company to serious data breaches.
- Algorithmic bias: A lack of oversight can exacerbate discriminatory biases during recruitment or promotions, creating legal risks.
- Compliance: The AI Act imposes strict obligations, with potential penalties of up to €35 million or 7% of global annual turnover for non-compliance.
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A binding legal framework: the AI Act The European regulation applies to all organizations using AI systems within the European Union, including those that outsource to foreign providers. For French employers, it is crucial to understand that any AI used in the context of employee employment in Europe must comply with the provisions of the AI Act. The AI Act strategy is based on classifying AI systems according to their associated risks. This approach aims to guarantee the protection of employees’ fundamental rights and create a more ethical workplace. Here is an overview:
Risk Level
| Description | Obligations | Unacceptable Risk |
|---|---|---|
| Prohibited practices (e.g., facial recognition surveillance) | Ban on use | High Risk |
| Work-critical tools (e.g., automated recruitment systems) | Consultation with the Works Council, human oversight, transparency | Limited Risk |
| Simple employee inquiries (e.g., HR chatbots) | Staff information | Minimal Risk |
| Tools that do not collect personal data (e.g., spam filters) | Light Obligations | AI systems with unacceptable risk |
Certain systems had to be phased out, such as:
AI systems that emit subliminal messages.
- Emotion analysis systems in the workplace.
- Social rating tools based on discriminatory assessments.
- From February 2025, their use will be strictly prohibited.
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Essential Employer Obligations
For systems classified as high risk, employers must comply with a set of obligations, detailed as follows:Relevant AI System
| Obligation | Action | Limited Risk |
|---|---|---|
| Informing employees | Clear communication about the systems used | High Risk |
| Consulting employee representatives | Informing and validating the Works Council before deployment | High Risk |
| Human monitoring | Implementation of control and awareness mechanisms | GDPR Compliance |
It is essential to remember that the
GDPR coexists with the AI Act, imposing additional requirements on the processing of personal data. Employers must prepare for rigorous audits to ensure compliance with both regulations. Navigating the AI Era: How to Prepare?
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To ensure compliance and anticipate the challenges related to the implementation of the AI Act, it is crucial that companies take proactive measures. Here are some key steps:
AI Tool Mapping
- : Identify all AI systems in use and classify them by risk level. Internal Procedure Update
- : Adapt processes to comply with new regulations. Team Training
- : Inform staff about the implications of AI and their responsibilities. Preparing for Consultation with the Works Council
- : Provide accessible and transparent documentation regarding AI tools. Compliance should not be seen solely as a legal obligation, but as an opportunity to strengthen trust within the company.
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