EU regulation on artificial intelligence: new employer obligations from February 2025

But what exactly does AI literacy actually mean, to what extent are companies subject to this obligation and what are the consequences of non-compliance?

What new obligations do employers have to fulfil?

As a general rule, providers and deployers of AI systems shall take measures to ensure, to their best extent, that their staff and other persons dealing with the operation and use of AI systems on their behalf have a sufficient level of AI literacy in accordance with the AI Regulation. Companies that develop an AI system with a general-purpose or that have it developed and place it on the market or put the AI system into service under its own name or trademark (whether for payment or free of charge) are considered providers. If, on the other hand, an employer decides to use AI systems developed by third parties under its own responsibility to promote work-related purposes within the company, it is considered a deployer within the meaning of the AI Regulation. This also applies regardless of the size of the company - whether it is a start-up or an international corporation: employers who use AI systems are obliged to take appropriate measures in accordance with their available resources and technological capabilities.

What is meant by AI literacy?

The AI Regulation defines AI literacy as

"the skills, knowledge and understanding that allow providers, deployers and affected persons, taking into account their respective rights and obligations in the context of this Regulation, to make an informed deployment of AI systems, as well as to gain awareness about the opportunities and risks of AI and possible harm it can cause."

In summary, AI literacy means the ability to deal with AI systems in a well-founded manner, to recognise their potential and risks and to make responsible decisions on this basis.

How can a sufficient level of AI literacy be taught?

The AI Regulation does not specify how a "sufficient level" of AI literacy is to be achieved and when it is deemed to be fulfilled. It is up to the company to develop a suitable concept that enables the affected persons to make well-founded decisions when dealing with AI systems. The focus should be on providing employees with the necessary skills, knowledge and understanding to fulfil the requirements of the regulation. There is no uniform solution; rather, the specific scope depends on the individual case. In particular, the company's sector, the area of application of the AI system and the associated risks must be taken into account. The technical knowledge of the employees, their training and experience and the context in which AI systems are to be used also play a role.

The following points can serve as a guideline for the necessary considerations for the development of a corresponding concept:

1. Determine training needs

Companies should first carry out a needs and skills analysis to identify the specific requirements:

• Which AI systems are used in the company?
• How risky are these systems?
• Who interacts with these systems?
• What knowledge and skills are already in place?

2. General and individual  measures

Based on this analysis, companies should offer training at various levels:

• General training courses: Providing basic knowledge on AI, its functionality and legal and ethical aspects.
• Individual specialisations: Further training may be required for specific applications, such as safety-critical or industry-specific AI systems.

3. Establishing AI governance

In addition to training, companies should create a clear framework for their AI governance that sets out guidelines and policies for the use of AI. A so-called "AI playbook" can serve as a guide for employees and ensure the safe use of AI systems.

4. Appointment of an AI officer

Depending on the size of the company and the extent to which AI is used, it may also make sense to appoint an AI officer to carry out risk assessments and risk impact analyses, drive forward the implementation, monitoring and coordination of AI strategies and plan and coordinate training courses.

How are the measures to be documented?

The AI Regulation does not require any specific documentation. Nevertheless, it is advisable for employers to keep (electronic) records of training measures in particular. Comprehensible documentation protects companies from liability risks and proves fulfilment of the obligation under Art. 4 of the AI Regulation.

What are the consequences of inadequate or omitted implementation?

Article 4 of the AI Regulation is not designed as a specific obligation, but rather as an appeal. This is reflected, inter alia, in the fact that an infringement is not subject to a fine or penalty. This means that there is no threat of immediate fines for inadequate or omitted implementation. However, if damage is caused by incorrect use of an AI system or an inadequate risk assessment, this could be interpreted as a breach of the company's general duty of care if the damage could have been prevented by taking appropriate measures.

Conclusion

The introduction of Article 4 of the AI Regulation makes ensuring AI literacy a key responsibility for employers. Even without immediate sanctions, companies should take the training obligation seriously. By establishing a comprehensive training concept, employers can not only fulfil the regulatory requirements, but also promote the safe and responsible use of AI systems within the company. Ultimately, ensuring AI literacy not only offers legal protection, but also a competitive advantage, as well-trained employees can use AI systems more efficiently and with less risk.

Dr Manuela Rauch

Note: A similar version of this article has been published on Haufe.de: https://www.haufe.de/personal/arbeitsrecht/arbeitgeberpflicht-zur-sicherstellung-der-ki-kompetenz_76_639984.html

Further information: We have developed an AI literacy training course at our law firm. This is a 20-minute e-learning course that contains the mandatory content of the AI Regulation. The training course is currently available in German, English and French and can also be integrated into your company's Learning Management System (LMS). Further information can be found here:

AI Implementation Toolkit | Client Tools | Eversheds Sutherland

EU AI Act: Article 4 Compliance eLearning module

If you are interested, please contact Nils Müller: NilsMueller@eversheds-sutherland.com.