Generative AI is taking hold in companies. But when its use leads to an error, discrimination, or a data leak, to what extent can the employer be held liable?
Generative AI is becoming part of daily work
Drafting emails, creating content, analyzing data, or automating tasks: generative artificial intelligence tools are spreading rapidly within organizations. Their use can improve productivity and simplify certain activities.
However, this adoption also raises new legal questions. When an employee uses an AI tool in the course of their work and it produces an error, inappropriate content, or incorrect information, who bears the responsibility?
The employer remains responsible for the organization of work
Under labor law, the employer assumes significant responsibility for the organization and supervision of work. This responsibility does not disappear simply because certain tasks are now assisted by artificial intelligence.
If an AI tool is provided by the company or used within the scope of the missions assigned to the employee, the employer must ensure that its use is regulated and complies with legal obligations. This particularly concerns data protection, non-discrimination, and respect for privacy.
In other words, AI does not constitute a "legal shield" allowing responsibility to be transferred to the machine or to the worker.
The importance of internal rules and training
Faced with these new risks, more and more companies are implementing internal rules regarding the use of artificial intelligence. These policies can specify, for example, authorized tools, the types of data that can be entered into these systems, or the checks to be performed before using generated content.
Employee training also plays an essential role. An employee using a tool they do not understand or whose limits they are unaware of can, despite themselves, expose the company to legal or reputational risks.
A shared and evolving responsibility
The use of artificial intelligence does not eliminate existing responsibilities, but it transforms them. The employer must regulate the use of tools, inform workers, and implement appropriate safeguards.
In a rapidly evolving technological environment, the best strategy often consists of anticipating risks rather than managing the consequences of uncontrolled use.
By Nicolas Tancredi (Partner, DWMC)
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Read also: Can an employee be sanctioned for an error made by AI?