Introducing AI in the Workplace — Legal Framework and the AI Act

An excerpt from the research work by Axel Wiemann (kiucon), Patrick Helmig (Omnifact), Sebastian Hennerici (Omnifact Academy), and Sven-Erik Holm (GvW Graf von Westphalen).

kiucon
Omnifact
Omnifact Academy
GvW Graf von Westphalen

AI offers significant business opportunities but presents legal challenges related to data protection, liability, copyright, and regulatory compliance (especially the GDPR and AI Act). Companies must proactively address these challenges through risk assessments, compliance programs, and legal counsel to successfully leverage AI while mitigating legal risks. Transparency, data minimization, and responsible data handling are paramount.

Main Points

  • Companies using AI must prioritize GDPR compliance, ensuring data transparency, minimizing collection, and protecting user rights.
  • The EU AI Act imposes risk-based regulations, requiring stricter controls and transparency for high-risk AI systems.
  • Careful copyright management is essential, addressing licensing for training data and ownership of AI-generated content.
  • Clear contracts between companies and AI providers are crucial to define liability for AI-related damages.
  • Proactive legal risk management is essential, involving risk assessments, robust compliance programs, and legal consultation.

Introduction

Successfully implementing AI depends heavily on the people who will use it daily. While technical and legal issues often dominate planning, employee acceptance and competence ultimately determine long-term success. Companies with high AI competency implement AI initiatives faster and gain greater competitive advantages than those with lower competency.

AI integration requires more than just technology training; it demands a fundamental cultural shift in how people work, make decisions, and interact with new tools. Employees must not only learn to use AI tools effectively but also understand their potential and limitations. Only when they see AI as an opportunity, not a threat, can they become active participants in the transformation.

A structured, targeted approach to employee training is key, considering the diverse needs and backgrounds of different employee groups. Beyond practical skills, fostering an open and innovation-friendly mindset is crucial for long-term transformation. The following chapters will show how companies can systematically prepare their workforce for an AI-powered work environment and unlock the full potential of their most valuable resource—their people.

About the Author

Sven-Erik Holm is an attorney at GvW Graf von Westphalen specializing in Tech & Data, who has been advising companies on IT projects for seven years with a particular focus on data protection and the EU AI Act.