The release of AI programs, like ChatGPT or DALL E, has sparked intense public debate about the use and limitations of AI. Despite this rather recent public development, in many companies, the use of AI is already well established. In the context of HR, common areas of application are seen in the search for candidates, the initial screening of job applications, the performance of initial job interviews, and even the assessment of a candidate’s likely fit with the existing team through a comparison of criteria of the applicant with respective criteria of current employees. Outside of the recruitment area, AI is used to plan day-to-day tasks of employees; for example, the preparation of shift plans, or the calculation of the best delivery route for the day. Given the current pace of development, it is easy to predict that additional and even more advanced technologies will be introduced soon. Respectively, the use of AI will become more and more important for companies to gain and maintain a competitive advantage. Against this background, it is ever more important for employers to know and understand legislative restrictions regarding the use of AI.
From a German law perspective, there are at least two aspects which need to be distinguished: The independent use of AI by employees at the workplace and the introduction of AI for the employees’ use by the employer. This post will provide a short overview of some relevant legal aspects of both scenarios under German law.
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