Enacted legislation | Legislative Decree no. 179 of 7 October 2026, effective 23 October 2026
As per Legislative Decree no. 179 of 7 October 2026 Employers using artificial intelligence in employment decision-making must ensure that final decisions concerning the establishment, modification or termination of employment – including disciplinary measures and performance assessments – are not based solely on automated processing. The final decision must be taken by a natural person exercising effective and independent authority.
Employees must receive prior information and may request an intelligible explanation of how AI influenced a decision and which principal parameters were considered. A dismissal, disciplinary measure or other employment decision adopted in breach of the human-decision requirement is expressly declared null and void.
AI systems affecting work organisation, production rates, performance or safety-related decisions must also be considered in the employer’s statutory risk assessment. Workers must receive appropriate information and training about the resulting risks.
Employer-side relevance: international groups should identify every AI-enabled HR system used in Italy, establish genuine human review and update employee information, decision-making protocols, risk assessments and training. A nominal human signature will not suffice if the algorithm has effectively made the decision.