At a glance
- Italy has adopted Legislative Decree No. 179/2026 to align its legal framework with the EU AI Act.
- Employers may not rely solely on AI systems to make key employment decisions, including hiring, dismissals, disciplinary action and performance evaluations.
- Final decisions affecting employees must be made by a natural person exercising genuine and independent authority.
- Employers must provide workers with clear information about AI systems used and the role AI plays in decision-making processes.
- The legislation also introduces obligations relating to risk assessments, worker training and AI-related upskilling initiatives.
Italy has enacted Legislative Decree No. 179/2026, published in the Official Gazette on 8 October 2026, to align national legislation with the EU Artificial Intelligence Act. The decree introduces several measures relating to employment, workplace safety, training and the use of artificial intelligence in employment relationships.
Of particular significance for employers are the provisions governing the use of AI in workplace decision-making. Under Article 41, key employment decisions, including recruitment, contractual changes, dismissals, disciplinary measures and performance assessments, cannot be made exclusively by automated systems. Instead, the final decision must always be taken by a natural person with effective and independent decision-making authority. Employees are also entitled to receive clear and understandable information about the AI systems being used and the extent to which AI influences employment-related decisions.
The decree also addresses occupational health and safety considerations. Article 42 requires employers to take account of AI systems that affect work organisation or production processes when conducting workplace risk assessments. Employers must also provide appropriate information and training on risks associated with the use of such technologies.
In addition, Articles 47 and 48 promote AI literacy and professional training programmes for professionals and employment services personnel, supporting the responsible use of AI tools while reinforcing the requirement for ongoing human oversight of decision-making processes.