AI and digital tools in workplace management and evaluation: An assessment of the EU's legal framework
This study focuses on options for regulating the use of AI enabled and algorithmic management systems in the world of work under EU law. The first part describes how these technologies are already being deployed, particularly in recruitment, staff appraisal, task distribution and disciplinary procedures. It discusses some near-term potential development prospects and presents an impact assessment, highlighting some of these technologies' most significant implications.
The second part addresses the regulatory field. It examines the different EU regulations and directives that are already relevant to regulating the use of AI in employment. Subsequently, it analyses the potential labour and employment implications of the European Commission's proposal for a regulation laying down harmonised rules on artificial intelligence (AI act). Finally, it summarises the other ongoing EU policy debates relevant to the regulation of AI at work.
The third and final part of this study reflects in detail upon the AI act and its potential impact on the existing EU social acquis. On this basis, it advances potential policy options across different EU legislative files, including but not limited to the AI act, to ensure that regulation keeps pace with technological development. It also argues that the AI act should 'serve' and complement – rather than over-ride – other regulatory standards that can already govern the introduction and use of AI-enabled and algorithmic-management systems at work.
De Stefano, Valerio and Wouters, Mathias, "AI and digital tools in workplace management and evaluation: An assessment of the EU's legal framework" (European Parliament, 2022). Commissioned Reports, Studies and Public Policy Documents. Paper 219.
"This study has been written by Professor Valerio De Stefano of Osgoode Hall Law School, York University, Toronto, Ontario and the KU Leuven (University of Leuven), and Dr Mathias Wouters of KU Leuven (University of Leuven) at the request of the Panel for the Future of Science and Technology (STOA) and managed by the Scientific Foresight Unit, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament. The research leading to this study was also carried out in the framework of the 'Employment rights and labour protection in the on-demand economy' grant awarded by the FWO Research Foundation – Flanders to Professor De Stefano. The authors would also like to express their gratitude to Professor Frank Hendrickx and Simon Taes for their comments and suggestions."