What does the AI Act say?
Artificial Intelligence (AI) has the potential to enhance human resources (HR) processes; however, it also raises ethical concerns, including algorithmic biases and the privacy of employee data.
The AI Act, a European regulation that is also applicable in Belgium, sets forth standards for the use of AI systems to ensure their safety, transparency, and ethical responsibility.
The AI Act categorises AI systems into four risk levels:
- Minimal risk: Most AI systems, such as spam filters and AI video games, are exempt from regulation. Nevertheless, companies may voluntarily adopt additional codes of conduct.
- Limited risk: Systems like AI chatbots are required to inform users that they are interacting with a machine. Additionally, AI-generated content must be clearly labelled as such.
- High risk: High-risk AI systems, including medical AI software and AI systems used for recruitment, must adhere to stringent requirements, such as risk mitigation, monitoring, high-quality datasets, clear user information, and human oversight.
- Unacceptable risk: AI systems that threaten human rights are prohibited. This includes systems that facilitate 'social scoring' by governments or corporations.
Read more: "What does the AI Act mean for employers and employees?"
AI in the workplace
AI is increasingly utilised in the workplace for various purposes, including recruitment and selection, data processing, invoicing, and customer support through chatbots.
It is essential to evaluate the extent to which the use of these systems in your organisation may pose a risk.
For instance, screening CVs and candidates or posting job vacancies using AI software is not explicitly prohibited by European regulations, but it does fall under the 'high risk' category. From August 2026, stringent rules will apply to this type of system.
Our tip
Do not wait for the stricter regulations to take effect in August 2026; instead, prioritise transparency now. This will ensure that users of your tools are always aware when they are interacting with an AI system.
Through our Training AI in HR – Insight into the legal and organizational impact, you will gain a deeper understanding of the regulations and the safe use of AI.
AI literacy
As of February 2, 2025, all employees – including permanent staff, freelancers, and temporary workers – who utilise AI systems must possess adequate knowledge of AI.
The definition of 'adequate' knowledge varies depending on the context. Employees who engage extensively with AI require more knowledge than those who use it infrequently. If AI may affect customers or colleagues, the user must comprehend how the system operates and the potential consequences.
Impact of AI on employment
When implementing AI in the workplace, it may provoke varied reactions from employees.
It is crucial to be transparent and initiate an open dialogue regarding your company's intentions with AI and its potential benefits for the workplace. Emphasise that AI is a tool designed to support employees, not to replace them. Actively listen to your employees and provide them with opportunities to express their concerns and questions, whether through one-on-one discussions, workshops, or surveys. Ensure that your Company Council is involved in this process.
Read more: "5 tips for a successful implementation of AI in the workplace"
How Securex helps you
Our Securex experts have simplified the process by drafting a model policy on artificial intelligence, which you can customise to meet your specific needs. Please contact your Legal Advisor at myHR@securex.be.
