Background,Main Contents,and Evaluation of the EU Artificial Intelligence Act-Also on Its Implications for Labor Law
The Parliament of the EU adopted the Artificial Intelligence Act in March 2024,which takes a risk-based approach.The Act establishes obligations for providers and us-ers depending on the level of risk from artificial intelligence.It prohibits certain AI systems as-sociated with an unacceptable risk.AI systems that negatively affect safety or fundamental rights will be considered high risk.All high-risk AI systems will be assessed before being put on the market and throughout their lifecycle.Anyone offering such systems on the market must comply with numerous requirements,ranging from risk management and data governance to comprehen-sive documentation obligations.The"operator"of a high-risk AI system is first and foremost o-bliged to comply with the mandatory instructions for use provided by the provider.Special rules exist for systems with a"wide scope of application"such as ChatGPT.When using systems that do not entail high risk,only a few provisions that apply to all AI systems need to be observed.In the event of violations,high penalties of up to 7％of global turnover are envisaged.The AI Act does not address the question of which training material the developer of AI can use without violating data protection or copyright law.In this respect,the GDPR and the relevant copyright regulations apply.The handling of machine-related data has also not been regulated.These problems could significantly hinder the further development of AI.Additionally,there is no consideration of what will happen if entire professions such as journalists or translators are re-duced to just a few people.The current labor laws of the EU member states also do not have any effective means of cushioning a slump in employment in the event of widespread use of AI.A responsible legislator should have faced up to the problems in the labor market.The regulatory requirements of the AI Act may create an undue burden on MSMEs.Vague statements in the Regulation may also lead to difficulties in implementation.In the field of labor relations,the application of AI systems such as social scoring of employees,predicting the risk of employees committing crimes,and analyzing employees'emotions may be prohibited due to unacceptable risks.When AI systems are used in the recruitment procedure or human resource management,employers must fulfill different obligations,depending on whether the AI systems are considered high-risk systems.Since employers are obliged to ensure that employees have adequate AI skills,they must offer free training at their own expense.Issues related to the use of ChatGPT in work deserve further study.Unauthorized use of ChatGPT by employees would constitute a vi-olation of labor contract obligations.It seems unwise,at least for the time being,to use ChatG-PT in legal advice work,as the system is prone to error.
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