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Blogs / 

AI Literacy by February 1, 2025: Works Council, is Your Organization Ready?

Employment, Employee Participation & Mediation

12 December 2024

Written by

Barbara van Dam

Menno de Wijs

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In today’s world, AI is impossible to ignore. The development and integration of AI are not only irreversible but also essential for progress in various fields such as the economy, technology, healthcare, and social issues. AI offers numerous benefits but also brings risks such as job loss, bias or discriminatory outcomes, privacy concerns, and ethical dilemmas. These are all reasons for a works council to stay alert regarding the use of AI within their organization.

What Are the AI Act and the AI Pact?

The AI Pact is an initiative by the European Union aimed at promoting a responsible and human-centered approach to artificial intelligence. It is designed to encourage companies, governments, and other organizations to commit to principles of trustworthy and ethical AI. The AI Act (the European Union’s Artificial Intelligence Regulation) goes a step further as it is actual legislation from the European Commission that seeks to regulate AI in the EU. The aim of the AI Act is to provide legal and ethical frameworks for the development, use, and management of AI systems within the EU. On August 1, 2024, the AI Act officially came into force.

AI Literacy Mandatory from February 2025

A key aspect of the AI Act is the obligation for providers and users of AI systems to ensure that, by February 2025, everyone in the organization involved with AI, including contractors and other individuals using AI systems on their behalf, is AI-literate at their respective levels. The regulation stresses the importance of awareness and transparency about AI. It is up to employers to effectively implement this and comply with the legal requirements.

What Is Meant by AI Literacy?

AI literacy refers to the skills needed to use AI technologies, understand how AI systems work, assess the consequences of their use, and address the ethical questions involved. Employees should be able to think critically about the use of AI and learn to work with it responsibly. Here, the works council also has an important role to play!

Who Needs AI Literacy?

AI literacy is relevant for virtually all employers but is particularly important for businesses and organizations that directly or indirectly use AI technologies. This includes not just the tech industry but also manufacturing companies (optimizing processes, predictive maintenance) and sectors such as healthcare (personalized treatment plans, improved diagnostics, remote patient monitoring), education (personalized learning), transportation and logistics (autonomous driving, predictive analytics for maintenance and efficient planning), marketing and advertising (analyzing consumer behavior, personalized ads) and the government and public sector (enhancing efficiency, analyzing large datasets for policy decisions). Additionally, tools like ChatGPT or Co-Pilot exemplify how AI is becoming increasingly widespread. In short, there’s a high chance that your organization is already working with AI or will be soon.

What Is Expected of Employers?

Employers are expected to:

  • Provide training and education to employees to ensure AI literacy at various levels.
  • Ensure employees are aware of the ethical, legal, and societal implications of AI, such as privacy, discrimination, and transparency.
  • Implement guidelines and best practices for AI use within their organizations in line with ethical standards and legislation such as the AI Act.

The Role of the Works Council

The works council plays a key role in ensuring the organization is prepared for AI:

  1. Determine in the consultation with the director whether AI is being used in the organization and whether there is sufficient focus on AI literacy. Is the organization ready for the rapid growth of AI innovations?
  2. Identify the skills employees require and explore how the organization can improve AI literacy. Should AI literacy become part of standard curricula? If new or revised training programs for employees are introduced, the works council may have a right to approve them.
  3. Use the works council’s right to propose policy initiatives to develop AI-related strategies.
  4. Ensure the organization’s privacy protocols are up to date. If adjustments are needed, the works council may have approval rights.
  5. If AI leads to significant changes in the organization or shifts in authority, the works council may have the right to provide advice.

By working together, employers and the works council can shape the implementation of AI in an effective and responsible way.

Tip!  De Clercq Advocaten Notariaat collaborates with Het ConsultancyHuis and DiVetro to offer in-company training to help your organization tackle the challenges and opportunities of AI. These practical training sessions are designed to provide your team with the knowledge and tools needed to work responsibly with AI.

Questions?

For questions about AI literacy in your organization and the role of the works council, please contact:

Barbara van Dam-Keuken, Paralegal for Employment & Employee Participation and Menno de Wijs, Attorney at law for IT, Privacy & Cybersecurity.

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