KI Flash: From February 2025, companies must have AI expertise - but how?

After reporting on the impact of the DSA on providers of AI systems in our last AI Flash, we would now like to turn our attention to the topic of “AI competence”.

On 02.02.2025, the first provisions of the AI Regulation will come into force, including Art. 4 of the AI Regulation. According to this, providers and operators of AI systems (e.g. ChatGPT or Microsoft Copilot) must ensure that their employees and other persons involved in the operation and use of AI systems on their behalf “have a sufficient level of AI competence”.

 

What does AI competence mean?

The AI Regulation provides a definition of the term. According to this, AI competence refers to

“(...) the skills, knowledge and understanding that enable providers, operators and stakeholders (...) to use AI systems in an informed manner and to be aware of the opportunities and risks of AI and the potential harm it can cause.” (Art. 3 No. 56 AI Regulation)

In short, when companies use AI systems, they must provide their employees with contextual training and raise their awareness of the technical and legal dimensions of AI.

 

What are the consequences of non-compliance?

Even if the AI Regulation itself does not provide for fines in the event of non-compliance with the requirements of Art. 4 of the AI Regulation, there may be liability and fine risks from other directions. The use of AI systems without the structural establishment of internal guidelines and specifications as well as sustainable training can lead to adverse consequences for the company and its management bodies under company law (see, among others, Section 35 GmbHG, Section 92 AktG), labor law and data protection law (see Art. 83 GDPR).

 

How can we support you in developing your AI expertise?

We have designed an interdisciplinary workshop in which, together with one of our technical cooperation partners (Genow.ai), we shed light on the technology and practical implementation of AI as well as the legal foundations and requirements of AI. The added value of the workshop lies precisely in its interdisciplinary nature (technology & law), without which the development of holistic AI expertise in accordance with Art. 4 of the AI Regulation is hardly possible. We offer the workshop to companies at a reasonable all-inclusive price (regardless of the number of participants).

For further information, please get in touch with your contact person at SKW Schwarz.