On October 19, legal experts highlighted a new framework adapting Italian law to the European AI Act, establishing strict compliance parameters for automated recruitment platforms. Entering into force on October 23, 2026, Legislative Decree No. 179 mandates that all final employment actions must receive explicit sign-off from a human decision-maker, according to recent analyses of the Italian AI recruitment regulation.
Strict Rules for AI Hiring Decisions
Under this new mandate, companies can no longer rely exclusively on automated processing to establish, modify, or terminate employment relationships. If an employer finalizes AI hiring decisions or issues disciplinary sanctions without a natural person exercising real and independent authority, the action is considered entirely null and void. Unlike Article 22 of the GDPR, explicit employee consent does not serve as a valid exception to this rule. However, preliminary candidate search and CV screening activities fall outside this scope, provided they do not represent the final choice.
Employee Rights and Compliance Checkpoints
To ensure compliance, employers must now inform employees before deploying these tools and maintain a record of the algorithm’s recommendations versus the final human choices. Furthermore, employees possess the right to request an intelligible motivation that explains the system’s weight and primary parameters in the outcome. This national requirement anticipates the broader Directive (EU) 2024/2831 on platform work, which similarly demands human intervention for contract or account terminations by December 2, 2026.