Il nostro Managing Partner, Vittorio De Luca, ha contribuito al volume “Supervisor – i professionisti dell’AI”, curato da Filippo Poletti, insieme a illustri esponenti del mondo dei professionisti che hanno arricchito il libro con il loro punto di vista e la loro esperienza.

L’Intelligenza Artificiale sta trasformando la pratica legale, migliorando ricerca, analisi documentale e gestione dei processi. Per sfruttarne appieno le potenzialità servono consapevolezza, metodo e responsabilità.

Nel nostro contributo, affrontiamo il tema dell’utilizzo dell’AI in ambito forense, soffermandoci sui benefici operativi, sui profili di rischio legale e deontologico e sull’evoluzione del ruolo del professionista. L’obiettivo è valorizzare l’innovazione tecnologica senza mai perdere di vista il controllo umano, la tutela dei dati e la conformità al quadro normativo europeo, in particolare GDPR e AI Act, come elementi imprescindibili per un uso dell’AI realmente sostenibile e professionale.

The use of Artificial Intelligence in the workplace is steadily growing and offers significant opportunities to enhance efficiency, decision-making, and process management. However, introducing AI solutions without a clear strategy and full awareness of the associated risks may expose the organization to legal, reputational, and operational challenges.

For this reason, it is essential to adopt a structured approach that combines innovation and compliance, harnessing the potential of technology while ensuring adherence to data protection regulations, transparency, and workers’ rights.

A responsible, ethical, and compliant corporate approach, aligned with the GDPR, the AI Act, and best practices in governance and human oversight.

• Process mapping and human oversight
• Audit and impact assessment
• Documentation and transparency (AI processing register, policies, and notices)
• Governance and training
• Sensitive areas and enhanced safeguards
• Explainability and traceability
• Contractual alignment with suppliers
• Continuous monitoring and updates

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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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On Wednesday, September 17, 2025, the Italian Senate definitively approved the bill containing “provisions and delegations to the Government on artificial intelligence,” connected to the national budget law.

For Italy, this represents the first national legislation specifically addressing artificial intelligence.

The bill, consisting of 28 articles divided into six chapters, does not directly regulate the use of A.I., but delegates to the Government the responsibility to adopt implementing decrees for different sectors.

The key points of the new law include:

• a human-centered approach: A.I. must be a tool to support decision-making without replacing human intervention,
• proper, transparent, and responsible use of A.I.,
• the need to guarantee fundamental rights, non-discrimination, gender equality, safety, human accountability, personal data protection, privacy, accuracy, and sustainability.

The competent national authorities are: AgID (Italian Agency for Digitalization), as the notification and regulatory authority, and the National Cybersecurity Agency (ACN), responsible for supervision and inspections.

The legislator identified four main sectors: healthcare, employment, public administration and justice, education and sports.

Main provisions on employment

Article 11 – Provisions on the use of artificial intelligence in employment

• Artificial intelligence must be used to improve working conditions, safeguard the physical and mental integrity of workers, enhance the quality of performance, and increase productivity, in line with EU law.
• The use of A.I. in the workplace must be safe, reliable, and transparent, and cannot conflict with human dignity or infringe personal data privacy. Employers or contractors are required to inform workers of the use of artificial intelligence, in the cases and according to the procedures provided by applicable law.
• The use of A.I. in the organization and management of employment relationships must always respect the inalienable rights of workers, ensuring non-discrimination on the basis of sex, age, ethnic origin, religion, sexual orientation, political opinions, and personal, social, or economic conditions, in accordance with EU law.

Article 12 – Observatory on the adoption of artificial intelligence in the workplace

• A ministerial Observatory will be established to define a national strategy on the use of artificial intelligence in employment, monitor its impact on the labor market, and identify the sectors most affected by its adoption.

Article 13 – Provisions on intellectual professions

• The use of artificial intelligence in intellectual professions must be limited to instrumental and support activities, with the intellectual work of the professional remaining predominant.
• To safeguard the fiduciary relationship between professional and client, information on the A.I. systems used must be communicated to the client in clear, simple, and comprehensive language.

Other related insights:

• Artificial Intelligence in the workplace: Guidelines for HR and managers on the use of AI Systems in employment contexts (Econopoly of Il Sole 24 Ore, 27 August 2025 – Martina De Angeli, Alesia Hima)
• How to manage AI in business: a guide for companies’ management (Agenda Digitale – 4 April 2025, Martina De Angeli)

Artificial Intelligence (AI) is now a concrete component of business processes, increasingly applied in Human Resources management. Algorithms promise efficiency and impartiality in complex tasks such as recruiting, performance evaluation, or task allocation. However, this promise comes with significant risks. Precisely because of their potential impact on fundamental rights, AI systems used in the workplace are now considered “high-risk technologies,” subject to stringent obligations regarding transparency, human oversight, and impact assessment on workers. 
 
In this context, the “Guidelines for the use of Artificial Intelligence Systems in the workplace” recently published by the Italian Ministry of Labour offer a strategic – not legally binding – document. It represents a clear political and cultural orientation for the Italian business community, with particular attention to SMEs. The goal is twofold: to promote responsible AI adoption and ensure full protection of workers’ rights. 

The guidelines are based on a clear message: AI must not become a “black box” that makes opaque and unchallengeable decisions. Even when technology is developed by third parties, ultimate responsibility always lies with the employer. Companies must move from experimental adoption to structured management in line with compliance and sustainability principles.

The four pillars of the AI guidelines 

The Ministry’s document is structured around four key principles, which reinforce obligations already found in current legislation and case law, strengthening their preventive application. 
 
1. Mandatory Human Oversight 

Decisions affecting the legal status of workers—such as hiring, promotions, evaluations, disciplinary actions, or dismissals—must not rely solely on algorithmic judgment. A competent and authorized person must exercise effective, informed, and traceable human control, capable of understanding, validating, or overriding the algorithm’s recommendations and bearing full responsibility for the final decision. 

2. Algorithmic transparency 

Companies must clearly inform workers about the use of AI in processes that affect them. Generic communication is not enough. Workers must be told what data is processed (e.g. CVs, performance, aptitude tests), what logic and criteria the algorithm uses, and what influence it has on the outcome. The guiding principle is “intelligibility”: systems must be explainable, understandable, and contestable. 

3. Impact assessment and risk mitigation 

In line with the EU AI Act, the use of AI in HR is considered a high-risk activity. Therefore, employers are required to carry out a prior impact assessment, considering risks such as discrimination, privacy breaches, and data quality. The guidelines also encourage regular audits and systematic controls of algorithm performance. 

4. System mapping and accountability 

Organizations must know what AI systems are being used, where, for what purpose, and who is responsible. Responsibility cannot be outsourced to technology providers. Internal governance must ensure ethical and correct use of AI. Mapping systems and defining internal roles are essential to uphold the principle of accountability. 

Continue reading the full version published on Econopoly de Il Sole 24 Ore.