ItalyDecreto Legislativo 179/2026 Art. 41, Employer Decisions Assisted by AI Systems (Final Decisions Reserved to a Person)
D.Lgs. 7 ottobre 2026, n. 179, art. 41
An AI sector rules rule binding public and private bodies.
As of .
What it requires
- If you use AI systems in decisions about the employment relationship, do not take the final decision to create, change or end it, including a disciplinary measure or a performance evaluation, solely on automated processing, and reserve it to a natural person with effective and autonomous power.
- Do not rely on the worker's consent to take such a final decision solely on automated processing.
- Before the processing starts, give the worker the information required by Article 1-bis of Decreto Legislativo 152/1997.
- On the worker's request, have a natural person give an intelligible reason for the decision, including how far AI systems affected the decision process and the main parameters considered.
- Use such systems with respect for the worker's dignity and confidentiality and the principle of non-discrimination.
What this law does
Article 41 requires an employer that uses AI systems in decisions about the employment relationship to ensure that the final decisions on creating, changing or ending it, including disciplinary measures and performance evaluations, are not taken solely on the basis of automated processing. The definitive decision is in every case reserved to a natural person who exercises effective and autonomous power. The worker's consent is not an exception to that prohibition.
The search for and selection of applications is not a final decision on creating the employment relationship, even where it leads to an applicant not being admitted to later stages of the selection. Before the processing starts, the employer must meet the information duties in Article 1-bis of Decreto Legislativo 152/1997.
On request, and through the intervention of a natural person, the worker has the right to an intelligible reason for the decision, including how far AI systems affected the decision process and the main parameters considered. A dismissal given in breach of the prohibition is null, and so are the other decisions the employer takes in breach of it. The decree was published in Gazzetta Ufficiale issue 234 of and enters into force on .
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.