As the stages of the AI Act’s entry into force unfold, this February brings a new set of requirements into the spotlight, including the AI literacy obligation. In case you are a provider or deployer of an AI system, you need to pay attention to the following, because it is happening.
► What is happening? In case you are an employer that provides or deploys (so, if you only use for professional purposes) AI systems, starting from 2 February 2025, you must ensure that your employees have the necessary competence in dealing with your today’s business shape, in particular making sure that an adequate level of AI literacy is in place within your company.
► Why? A new obligation under Article 4 of the AI Act has entered into force, requiring employers who are providers or deployers of AI systems to take measures to ensure that their staff has the necessary skills, knowledge, and understanding to make informed deployment of AI systems, as well as awareness of the opportunities and risks of AI and possible harm it can cause.
► What about the practical steps? The AI Act doesn’t provide practical guidelines on how this requirement should be fulfilled. Specifically, Article 4 requires that providers and deployers of AI systems shall take measures to ensure, to their best extent, a sufficient level of AI literacy of their staff and other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education, and training and the context the AI systems are to be used in, and considering the persons or groups of persons on whom the AI systems are to be used.
Although no practice is currently outlined in this regard, employers are required to clearly map out their business strategies for the use of AI systems by implementing internal policies and codes of conduct regarding the responsible use of AI systems.
► Any consequences? Although the AI Act does not explicitly provide for a specific sanction for non-compliance with Article 4, it is not excluded that the national authorities might regulate a sanctioning regime for failing to fulfil the AI literacy-related obligation.
On the other hand, the infringement of the AI Act’s requirements (including Article 4) by providers of general-purpose AI models can be sanctioned with fines of up to 3 % of their annual total worldwide turnover in the preceding financial year or EUR 15.000.000, whichever is higher. Moreover, non-compliance with Article 4 might generate, as well, specific implications related to the areas of employment, confidentiality, processing of personal data under the GDPR’s rules, as well as intellectual property rights. Currently, however, it is not clear which national authority will be responsible for monitoring the fulfilment of such an obligation in Romania but this gap should be filled by August 2025.
To conclude, measures such as those pointed out above should already be in place within every entity involved in the AI supply chain.
To delve deep into this subject, do not hesitate to read the Part I and Part II of our article on this matter, available on our website.
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