{"id":31929,"date":"2026-07-02T10:23:21","date_gmt":"2026-07-02T08:23:21","guid":{"rendered":"https:\/\/www.delucapartners.it\/news\/ai-e-rapporto-di-lavoro-prime-indicazioni-dei-decreti-attuativi-e-riflessi-in-ambito-data-protection\/"},"modified":"2026-07-02T10:50:24","modified_gmt":"2026-07-02T08:50:24","slug":"ai-and-the-employment-relationship-initial-guidances","status":"publish","type":"post","link":"https:\/\/www.delucapartners.it\/en\/insights\/ai-and-the-employment-relationship-initial-guidances\/","title":{"rendered":"AI and the employment relationship: initial guidance from the implementing decrees and data protection implications"},"content":{"rendered":"\n

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No. 132 of 23 September 2025), a regulatory framework is taking shape which is set to have a significant impact on work organisation and the processing of personal data in the HR field.<\/p>\n\n\n\n

The regulatory framework sits within a multi-level context, characterised by the interaction between national legislation, the AI Act and Regulation (EU) 2016\/679 (\u201cGDPR\u201d), consolidating a model centred on an \u201canthropocentric\u201d use of AI<\/a>, based on transparency, accountability and the protection of fundamental rights.<\/p>\n\n\n\n

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Automated decision-making processes and Article 22 GDPR<\/strong><\/p>\n\n\n\n

The regulation of assisted or automated decision-making processes in the employment relationship is of particular importance. In line with Article 22 GDPR, the decrees introduce an express prohibition on solely automated decisions in procedures affecting the establishment, management and termination of the employment relationship, as well as in disciplinary matters.<\/p>\n\n\n\n

This provision strengthens the obligation to ensure meaningful human intervention, with the final decision being entrusted to a natural person vested with genuine autonomous decision-making authority. Breach of this principle entails, among other consequences, the nullity of any dismissal adopted on the basis of a wholly automated decision, with significant implications in terms of litigation.<\/p>\n\n\n\n

Transparency obligations and enhanced information notice<\/strong><\/p>\n\n\n\n

In line with the principles set out in Articles 5 and 13-14 GDPR, the legislation requires employers to ensure a high level of transparency in the use of AI systems. In particular, employers are required to provide employees, before the processing begins, with a specific information notice concerning the use of intelligent systems in decision-making processes (also pursuant to Article 1-bis of Legislative Decree No. 152\/1997).<\/p>\n\n\n\n

This is accompanied by an \u201cenhanced\u201d right of access, consisting in the possibility, upon request by the data subject, to obtain an intelligible explanation of the decision-making logic and of the main parameters used by the algorithm.<\/p>\n\n\n\n

In practical terms, these obligations require the implementation of appropriate documentary and technical safeguards, consistent with the accountability principle under Article 5(2) GDPR.<\/p>\n\n\n\n

Non-discrimination, fairness and minimization<\/strong><\/p>\n\n\n\n

The legislation also places emphasis on the principle of non-discrimination, requiring AI<\/a> systems not to produce discriminatory effects based, inter alia, on gender, age, ethnic origin or personal circumstances.<\/p>\n\n\n\n

From a data protection perspective, this entails, for the employer:<\/p>\n\n\n\n