Global Labor, Employment, and Workplace Safety Alert

Employers are increasingly using Artificial Intelligence (AI) in the hiring process. For example, chatbots can answer candidates’ questions, tools can screen resumes and profile candidates, and software can score interviews.

As employers continue to explore how AI can streamline processes and decrease bias, they must be aware of the limits of AI, their legal obligations when using AI, and guiding principles regarding the implementation of AI.

In Italy, those legal obligations and guiding principles include Legislative Decree no. 104/2022¹ (the Transparency Decree), the Code of Conduct for Staff Leasing Agencies² (the Code of Conduct), which was approved by the Data Protection Authority’s measure no. 12/2024,³ Italy’s Artificial Intelligence Bill⁴ (the AI Bill), which is currently under review by the Italian Parliament, and the European Union Artificial Intelligence Act⁵ (the EU AI Act).

This alert will discuss employer obligations under the Transparency Decree, Code of Conduct, and AI Bill, and will provide recommendations to employers as they navigate the ever-changing landscape of AI use in hiring. For more information on the EU AI Act, please check out K&L Gates’ materials on the EU AI Act, available here,⁶ here,⁷ and here.⁸

The Transparency Decree

In August 2022, the Transparency Decree took effect and, as a result, Directive (EU) 2019/1152,⁹ also known as the Directive on Transparent and Predictable Working...

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