AI at work: what your employer can and cannot do
An employer may deploy AI tools, but within a framework: prior information of employees for any system collecting their data (Article L1222-4 of the Labour Code), consultation of the works council on the introduction of new technologies, GDPR compliance, and since February 2025, a ban on emotion recognition at work by the AI Act.
An employer may deploy AI tools, but within a precise legal framework. They must inform employees of any system collecting their data, under Article L1222-4 of the Labor Code, consult the social and economic committee (CSE) on the introduction of new technologies, comply with the GDPR, and adhere to the prohibitions of the European regulation, including the ban on emotion recognition at work applicable since February 2025. AI at work is neither prohibited nor free: it is regulated.
What the employer can do
Deploy AI tools to organize, produce, assist work, as long as they comply with applicable rules. AI can legitimately serve to improve processes, subject to transparency and proportionality.
What they must do
Inform employees. Article L1222-4 of the Labor Code prohibits collecting information on an employee through a device that has not been previously brought to their attention.
Consult the CSE. The introduction of new technologies and any significant modification changing working conditions fall under the consultation of the social and economic committee.
Comply with the GDPR. Any processing of employee data must be lawful, proportionate, secure, and respect their rights.
What they cannot do
Deploy an emotion recognition system on employees: the AI regulation prohibits this in the workplace since February 2, 2025, except for limited exceptions.
Monitor in a disproportionate or covert manner. Surveillance must be proportionate to the purpose pursued and brought to the knowledge of employees.
Make a decision concerning an employee producing significant effects based solely on automated processing, without the guarantees of Article 22 of the GDPR.
What you can do
Ask what data is collected and for what purpose. Contact the CSE and employee representatives. Alert the CNIL in case of non-compliant processing. Exercise your GDPR rights.
Frequently Asked Questions
Can my employer impose an AI tool on me?
They can deploy tools within the scope of their management power, while respecting information, CSE consultation and the GDPR.
Can they analyze my emotions?
No, emotion recognition at work has been prohibited since February 2025, except for limited exceptions.
What to do in case of abusive surveillance?
Contact employee representatives and the CNIL. Surveillance must be proportionate and transparent.
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