Law No. 132/2025 – aimed at ensuring transparency, fairness, and protection of workers’ dignity while promoting the ethical and responsible use of artificial intelligence in the workplace – establishes that both public and private employers and contractors must provide written notice to employees and to workplace union representatives (RSA/RSU, i.e. company-level trade union bodies) regarding the use of A.I. systems in processes that affect the management of the employment relationship. 

The obligation applies whenever A.I. is used for activities such as – by way of example – recruitment, task assignment, performance evaluation, or termination of employment. 

When and how to comply 

• The notice must be delivered before the start of the employment activity, or in any case before the use of the A.I. system selected by the employer for the management, even partial, of the employment relationship. 

• It must be drafted in a transparent, structured, and machine-readable format, in accordance with Legislative Decree No. 104/2022 (i.e. “Decreto Trasparenza”). 

• The notice must also be sent to company trade union representatives or, in their absence, to the local branches of the relevant trade unions. 

What companies should do to ensure compliance 

• Conduct a mapping of all A.I. systems used in the management of employment relationships. 

• Update internal policies and privacy notices concerning data processing and personnel management. 

• Prepare a standard information template to be provided to employees and trade union representatives. 

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The use of Artificial Intelligence systems for company decision-making processes concerning employees – such as recruitment, task assignment, performance evaluation or disciplinary measures – is permitted only when adequate safeguards are in place. This is what is established by the Guidelines for the implementation of AI in the workplace, published by the Ministry of Labour in June 2025.

What can a company do to comply with the Guidelines?

• Conduct a comprehensive mapping of the AI systems used within the company, specifying their objectives, the data processed, areas of application, and the responsible parties.

• Ensure mandatory human oversight: any decision affecting an employee’s legal position (such as hiring or dismissal) must be verifiable and validated by a competent human reviewer.

• Ensure algorithmic transparency: employees must be informed, in clear language, about how the AI system works, the criteria it uses, and their right to challenge decisions.
• Carry out a Data Protection Impact Assessment (DPIA) and a Legitimate Interest Assessment to identify and mitigate risks of discrimination, bias, errors, or privacy breaches.
• Update internal documentation (privacy notices, internal policies, processing records, authorisation letters) with explicit reference to the use of AI.
• Review contracts with IT suppliers: it must be clear who develops, monitors, and maintains the system, as well as the limits of liability.

Improper management of AI systems exposes the company not only to risks of breaching data protection laws (GDPR) but also to potential penalties and litigation for violating workers’ rights, with reference to Article 4 of the Workers’ Statute and the principles of non-discrimination, as well as to the information obligations under Legislative Decree 104/2022 (the so-called Transparency Decree).

On Friday April 26, Alberto De Luca took part as a speaker to the conference “New World, New Wisdom” organized by Inter-Pacific Bar Association (IPBA), discussing the main topics around recent developments and trends in the field of artificial intelligence and its impact in the word of HR, during the panel “LLaMA2, Bard, ChatGPT and Co.– just tech talk acronyms or serious drivers for (positive) change in HR?”.

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What’s hot and new in artificial intelligence and the world of employment law, and how do countries and companies cope with AI induced threats and chances on a regulatory / jurisdictional level? The panel covered recent developments and trends in the field of AI, its impact on our clients EHR cycle  Efrom hiring to firing – and the relevant employment AI related (current and upcoming) legislative framework.

Alongside the moderator among other topics they will debate, they will explore the impact of AI-based systems in the employment relationship, with the aim of identifying risks and opportunities arising from AI, also in light of the recently enacted EU Artificial Intelligence Act.

Click on this link to find out more about the conference.  

AI plays an increasingly important role in the recruitment phase, offering new opportunities in recruitment processes. In particular, the use of AI is already rapidly gaining momentum in algorithmic hiring, the personnel selection procedure wholly or partially entrusted to algorithms that is considered faster, more reliable and cheaper”. Commenting on AI used in recruitment, Vittorio De Luca, Managing Partner of De Luca & Partners warns, “It’s a significant advantage, but there may be a risk of implicit bias when, for example, AI is trained on historical data that reflects pre-existing inequalities or biases. It is crucial to ensure fairness and transparency in the use of AI and regularly verify the effectiveness and impact of the algorithms used.” Companies are already experimenting with using chatbots or virtual assistants to conduct initial interviews with candidates. “These systems ask predefined questions, analyse candidates’ answers, and provide a score or rating based on the answers given, which in fact, standardises the interview process. If AI is not adequately controlled, there is a risk that its activity will be influenced by the human bias imprinted in the programming phase.”

Continue reading the article in the paper edition of L’Economia – Corriere della Sera.