Prepared by Francesca Tironi, Giulia Spalazzi and Alessia Brambilla

Legislative Decree No. 179/2026 was adopted on 7 October 2026 to align national law with Regulation (EU) 2024/1689 (the AI Act), supplementing Italy’s regulatory framework on artificial intelligence.

The decree is particularly relevant to businesses, as it introduces specific provisions on employment, transparency, and health and safety, among other matters. It also reaffirms the principle that artificial intelligence cannot replace human oversight and responsibility in decision-making processes affecting workers.

The decree forms part of the framework established by the AI Act, the first European regulation dedicated to artificial intelligence, which governs the development, marketing and use of AI systems in the European Union. The regulation aims to promote innovation while protecting individuals’ fundamental rights, safety and privacy.

The decree will enter into force on 23 October 2026.

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Employment decisions: human intervention is always required

Article 41 of the decree introduces the main change for employers: protection for workers in decisions assisted by artificial intelligence.

AI can support HR activities, but decisions on entering into, managing and terminating employment relationships cannot be based solely on automated processes.

The provision applies, among other things, to performance assessments, the assignment of duties and career progression, disciplinary measures and the termination of employment.

Companies must ensure meaningful human intervention: the final decision must be made by a natural person who independently assesses the algorithm’s output rather than simply accepting it. AI may therefore assist the decision-maker but cannot replace them.

Automated systems may still be used to source and shortlist candidates, even where they exclude some applications from subsequent stages of the selection process.

Greater transparency for workers

The decree strengthens the information and transparency obligations of employers using AI systems: workers must be adequately informed about their use and may request a clear explanation of decisions affecting them.

The explanation must clarify how the decision was made, specifying in particular:

• whether and to what extent AI influenced the decision-making process;
• the main factors and parameters considered;
• the contribution of human intervention to the decision.

Nullity of measures adopted in breach of the rules

Breaching the prohibition on fully automated decisions can have particularly significant consequences.

The decree expressly provides that a dismissal in breach of these principles is null and void. Similarly, other decisions adopted in breach of the statutory provisions are also null and void.

Artificial intelligence and occupational health and safety

The decree pays particular attention to the impact of AI on workers’ health and safety.

The effects of AI systems on work organization, production pace, task allocation or other aspects relevant to health and safety must be included in the risk assessment required under Legislative Decree No. 81/2008.

Companies must also provide adequate information and training on the risks associated with new technologies and the preventive measures adopted.

 Other key changes introduced by the decree:

In addition to employment matters, the decree addresses the following areas:

1. Governance and oversight: the decree identifies the national authorities responsible for implementing the AI Act and assigns oversight and coordination functions to the National Cybersecurity Agency (ACN) and the Agency for Digital Italy (AgID), involving other sector-specific authorities within their respective areas of competence.
2. Penalty regime: the decree refers to the regime established by the European AI Act, which provides for particularly substantial administrative penalties for the most serious infringements.
3. Training and digital skills: the decree promotes AI skills through initiatives for students, professionals, public administration and businesses.

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In practice, companies that use or intend to introduce artificial intelligence systems into their business processes should ensure that adequate organizational safeguards and controls are in place. In particular, employers will need to ensure meaningful human intervention in decisions affecting workers and transparency towards staff regarding the use of AI systems.