AI Error at Work: Who Is Responsible?
An article by KWKR experts in “Rzeczpospolita”
Article by KWKR experts published in “Rzeczpospolita” An increasing number of employees are using artificial intelligence tools in their daily work. AI supports document analysis, content creation, information retrieval and data processing. As the use of these solutions continues to expand, important questions arise regarding liability for the consequences of incorrect results generated by AI systems.
An article by Katarzyna Kanik, Attorney-at-Law and Senior Associate at KWKR, and Magdalena Słyś, Junior Associate and Trainee Attorney-at-Law at KWKR, entitled “ChatGPT Got It Wrong. Who Is Liable?”, has been published in “Rzeczpospolita”. In their publication, the authors examine how liability for damage resulting from the use of artificial intelligence tools should be assessed under employment law.
AI as a Workplace Tool and Employee Liability
As the authors point out, the mere fact that an incorrect outcome was generated by AI does not automatically determine an employee’s liability. The assessment depends on the specific circumstances of the case, including how the tool was used, the applicable procedures, the possibility of verifying the results, and the scope of the employee’s duties.
The article also discusses the relationship between employee and employer liability, highlighting the importance of AI policies, internal procedures and the overall organisation of AI-related processes within a company.
The Importance of AI Policies and the AI Act
The publication draws attention to the role of internal AI governance rules and the obligations related to developing AI competencies under the AI Act. Appropriate procedures, training programmes and result verification standards may play a significant role in assessing liability for errors involving AI systems.
A Practical Perspective on One of the Most Important AI Challenges
The growing use of artificial intelligence does not change the fundamental principles of employee liability under labour law. However, it significantly affects how those principles are interpreted and applied in practice. The article provides valuable insights for employers, managers, HR professionals and organisations implementing AI solutions in their daily operations.
We invite you to read the publication by Katarzyna Kanik and Magdalena Słyś in “Rzeczpospolita”.