INTRA/BA/BA008Deployment of an algorithmic system in employment
The introduction of a system of that class in a setting in which the people it reaches are workers.
| Control | Jurisdiction | Source | What it establishes | Prerequisite or recommendation |
|---|---|---|---|---|
| BA008/EUMandatory | European Union | Regulation (EU) 2024/1689, articles 5(1)(f), 10, and 26(7), and Annex III(4)European Parliament and Council · read 11 Aug 2026Regulation (EU) 2026/1744, amending the Artificial Intelligence ActEuropean Parliament and Council · read 16 Aug 2026 | That inferring emotions at work is prohibited, that employment and worker management are a high-risk category, what the data a high-risk system is trained and tested on have to answer for, and that representatives are told before deployment. | What puts a system in the high-risk category is the purpose it is intended for and not the place it runs in: making decisions on the terms of a work relationship, allocating tasks on individual behavior or personal traits, or monitoring and evaluating the performance and behavior of the people in it. The representatives and the workers concerned have to be told before it is put into use. |
| BA008/ATMandatory | Austria | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | A system for the automated collection, processing, and transmission of a worker’s personal data beyond general particulars and qualifications needs the works council’s consent, unless what is done with the data goes no further than obligations arising from statute, collective norms, or the contract. |
| BA008/ESMandatory | Spain | Estatuto de los Trabajadores, article 64Real Decreto Legislativo 2/2015 · read 24 Sep 2026 | That the works committee is informed of the parameters, rules and instructions on which algorithms or artificial intelligence systems bearing on decisions that may affect working conditions, access to employment and its continuation, profiling included, are based, and that it is informed of every sanction imposed for a very serious fault. | The works committee is informed of the parameters, rules and instructions on which an algorithm or an artificial intelligence system is based, where the decisions it affects may bear on working conditions or on access to employment and its continuation, the building of profiles included. |