Last Updated on October 3, 2025
Law no. 132 of 23 September 2025 has been published, governing “Provisions and delegated powers to the Government on artificial intelligence” aimed at clarifying the use of AI in various sectors (health, work, law and public administration) and promote responsible technological development based on a person-centred approach.
Structure and principles
The measure, consisting of 28 articles, does not introduce any new obligations beyond those provided for in European Regulation EU 2024/1689 (the so-called AI Act; see our newsflash “Artificial intelligence: EU Regulation published” of 16 July 2024) but contains a series of general principles such as transparency, proportionality, security and privacy that must inspire the various fields of artificial intelligence systems and models: research, experimentation, development, adoption, and application.
In this regard, it specifies that such systems must be designed, implemented and used in full respect of human autonomy and decision-making powers, ensuring that humans can intervene, control and supervise at every stage.
In the workplace
In the workplace, the use of AI must aim to improve working conditions, protect the physical and mental health of workers, optimise organisational processes and increase productivity. The use of artificial intelligence must be reliable, safe and transparent, and it entails an obligation on the part of the employer or client to clearly inform workers, in accordance with the terms and conditions already laid down in current legislation (see Article 1-bis of Legislative Decree 152/1997, as amended by the so-called Transparency Decree).It should be noted that this provision requires the employer to inform the worker about the use of “fully automated decision-making or monitoring systems” intended to impact the recruitment phase or, more generally, the overall management of the employment relationship until its termination.
It also clarifies that AI in the management and organisation of the employment relationship may not violate the privacy of employees or be used to make discriminatory decisions based on gender, age, ethnic origin, religious belief, sexual orientation, political opinions or personal, social or economic conditions.
Monitoring and support tools
AIn order to promote the informed, responsible, and inclusive adoption of artificial intelligence in the workplace, an Observatory has been set up at the Italian Ministry of Labour, tasked with:
- monitoring the impact of AI on the labour market and identifying the sectors most affected by its use;
- proposing strategies for the use of technological systems in the workplace;
- fostering training for employers and employees.
Identification of the components, operating procedures, and additional prerogatives of this watchdog body is delegated to a ministerial decree to be adopted by 8 January 2026.
Intellectual professions
With regard to intellectual professions, it should be noted that the use of AI must be limited to instrumental and support functions and in any case ensure the prevalence of human labour. Professionals are required to inform their clients about the use of artificial intelligence in a clear, simple, comprehensive manner.
This law represents an important, necessary step, but allows scope for perfection, delegating to the Government the power to adopt implementing regulations for the AI Act and measures to identify unlawful cases of the creation and use of artificial intelligence systems.
Toffoletto De Luca Tamajo is available to support companies intending to implement AI systems, our specialised professionals ready to assist with aspects related to both privacy and employment law.
For further information: comunicazione@toffolettodeluca.it
