External AI expert for the works council - legally compliant support for the use of artificial intelligence in companies
With the increasing use of artificial intelligence (AI) in the workplace, works councils are facing new, complex challenges: Data protection, co-determination, technical transparency and legal limits must be considered and evaluated when introducing AI systems.
§ Section 80 (3) BetrVG gives the works council the option of consulting external experts when assessing such issues - especially if AI systems are to be introduced or used.
§ Section 80 (3) sentence 2 BetrVG: If the works council has to assess the introduction or use of artificial intelligence in order to fulfil its duties, it is deemed necessary to consult an expert in this respect.
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Why is legal expertise essential for the works council in AI projects?
Artificial intelligence is profoundly changing work processes. Many systems interfere with the rights of employees, for example through:
- Performance and behaviour monitoring,
- automated decisions in recruiting, shift planning or target setting,
- the processing of sensitive employee data.
The works council must be able to assess these interventions and categorise them legally. We can help with this. Our specialist lawyers combine legal expertise in IT law, data protection law and labour law with an understanding of technology.
Why a specialised AI expert makes sense for the works council
Our expertise in the use of AI in companies is based on:
- Comprehensive knowledge of the technical fundamentals of algorithmic systems,
- in-depth understanding of the GDPR, the BDSG and other data protection regulations
- experience with co-determination rights for technical equipment (Section 87 (1) No. 6 BetrVG),
- current case law on automated decision-making (e.g. ECJ SCHUFA judgement).
What we do as external AI experts
Our services for works councils in the context of artificial intelligence in companies:
- Preparation of legal opinions on the legal assessment of AI systems,
- Review of technical documentation from a legal perspective,
- Analysis of conformity with data protection law,
- Support in drafting and negotiating AI works agreements,
- Workshops and training on the topic of AI in the company,
- ongoing advice and support during the introduction or customisation of AI systems.
Our work is always carried out independently, confidentially and in close consultation with the works council. The complexity of the AI technologies used regularly justifies our involvement - a fact that is also increasingly recognised by the courts.
Support for the works council with artificial intelligence: what we also do
- Advice on drafting legally compliant AI works agreements
- Tactical support in negotiations with the employer
- Protection of employee rights during the introduction of AI systems
- Training and qualification of the works council committee on AI topics
Are you looking for expert support for your works council when it comes to artificial intelligence in your company?
Contact us for a non-binding initial consultation - we offer you legally sound, technology-related advice on the use of AI in your company. Whether legal assessment, AI works agreement or training: our specialist lawyers will support your committee as recognised AI experts in accordance with Section 80 (3) BetrVG.
Your partner
Lawyer Norbert Geyer
Specialized IT lawyer
Data protection officer
AI coordinator (TÜV Rheinland)
AI officer (TÜV Rheinland)