Building AI literacy - a new obligation imposed on employers

Building AI literacy – a new obligation imposed on employers

2025 / 02 / 05

On 2 February 2025, the first part of the EU Artificial Intelligence Act, also known as the ‘AI Act’, came into force. Most of the obligations under this Act apply to providers and developers of AI-based systems. However, an obligation has been introduced that applies to any entity which uses an AI-based system, such as an AI assistant (“AI systems”).

AI literacy

Article 4 of the AI Act requires that deployers of AI systems take measures to ensure, to their best extent, a sufficient level of AI literacy of their staff and other persons dealing with the operation and use of AI systems.

The AI literacy of teams using AI systems should be built taking into account their technical knowledge, experience, education and training and the context the AI systems are to be used in, and considering the persons or groups of persons on whom the AI systems are to be used (e.g. when AI is used as frontline in contact centers).

What needs to be done?

As a result of the new legislation, employers who equip their employees with AI systems are obliged to build the relevant competence among these employees. This should be understood as including training for employees to develop skills, increase knowledge, understanding and awareness of the opportunities and risks associated with the use of AI, as well as raise awareness of the rights and obligations in this regard.

AI literacy measures can take the form of the employer’s choice, but should be tailored to the recipient and effective. In some situations, it may be sufficient to present the rules for the use of AI in written or graphic form (e.g. infographics). However, where AI systems are to be used to process personal data, more intensive activities may be appropriate, such as comprehensive training to raise awareness of the risks associated with AI systems.

Are there sanctions for not complying with this obligation?

Contrary to publicly expressed views, the AI Act does not explicitly provide for fines for failure to comply with the obligations set out in Article 4, i.e. to develop AI literacy. However, this does not mean that the obligation can be neglected: if harm is caused that could have been prevented by prior training, the failure to provide such training could be construed as a breach of the general duty of due care.

If you have any questions or require assistance in preparing a workshop or training or any other assistance in building AI literacy, please do not hesitate to contact us. Our professionals will be happy to provide detailed information and assist you in complying with this obligation.

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