Pérez-Llorca and Universidad Pontificia Comillas (ICADE) held a new edition of the Pérez-Llorca/ICADE Debate Forum on Employment, Compensation and Benefits Law discussing the disruptive impacts of artificial intelligence on employment relationships. The event was attended by Salvador del Rey Guanter, professor of Employment and Social Security Law at ESADE Law School, as well as María José López Álvarez, ordinary professor of Employment and Social Security Law at Universidad Pontificia Comillas (ICADE), and Luis Enrique Fernández Pallarés, Employment, Compensation and Benefits partner at Pérez-Llorca, who moderated the event.
During the session, the experts addressed some of the most controversial issues surrounding the use of artificial intelligence in the workplace. These included the obligation of companies to train their employees in the use of this technology, the protection of corporate knowledge against the use of AI systems, and the adequacy of data protection rules in relation to digital communications and the geolocation of workers.
Luis Enrique Fernández Pallarés introduced the speakers and opened the discussion by highlighting the challenges posed by artificial intelligence in the legal field. He noted that the current regulatory framework is still emerging and unbalanced across jurisdictions, despite progress in the EU: “We have strong regulation in Europe, but its effectiveness is relative in an increasingly globalised world.”
During his speech, Salvador del Rey Guanter emphasised that artificial intelligence is no longer the technology of the future, but of the present, although it can sometimes be perceived as an abstract concept. He analysed the complex regulatory framework, describing it as “mixed”, integrating both labour law and general regulation, and highlighted the gradual entry into force of the EU’s AI Act, as set out in Article 113 of said Act.
Del Rey Guanter underlined the disruptive nature of AI in the field of industrial relations, especially insofar as business decisions may become partially or fully determined by automated systems. “We are introducing a machine that makes decisions on essential matters, which may even affect fundamental rights,” he said, alluding to the legal challenge this poses.
Following on from this, the professor emphasised the need for employees to receive digital literacy training on how to use these technologies, recalling the Right to Training set out in Article 4 of the Workers’ Statute and in Article 19 of the Law on Occupational Health and Safety. “Workers need to be aware of the risks that AI can pose to their fundamental rights, especially when they themselves power the systems by using them,” he said.
He also referred to Article 5 of the AI Act, which prohibits certain practices such as those using subliminal techniques to distort workers’ behaviour. Accordingly, he warned about the risks arising from the intensive use of AI systems with exponential learning capabilities, which can progressively influence professional performance.
Lastly, Del Rey Guanter addressed other relevant issues such as the right to privacy in the use of digital devices in the workplace, the impact of AI on patent, design and intellectual property regulations, as well as on the protection of business secrecy, citing article 65 of the Workers’ Statute.
