The EU AI Act's "AI literacy" obligation applied from 2 Feb 25, alongside its prohibition on certain AI uses (commencement dates 1-pager). But what, if anything, should you do about it? Points to consider:
- Who's caught? This obligation applies to "providers" and, especially, "deployers" (i.e. users) of AI systems
- For non-compliance, you can't be fined yet (fining provisions don't kick in till 2 Aug 2025), or maybe even not at all (Art.4 isn't listed in Ch.12 on penalties, and it's unclear whether individual EU Member States can or will penalise breach of this obligation - we'll find out by 2 Aug 2026!)
- But... train anyway? However, if you use any AI system caught by the EU AI Act, an AI upskilling/training and awareness program for staff is good practice and should help to boost your business's competitiveness as well as legal compliance, so you may want to roll it out anyway - if not yet, then ideally by 2 Aug 2026
- Who? Train at least staff/contractors developing/adapting/integrating, operating/maintaining or using any high-risk AI systems (including third-party AI systems), and also train staff providing human oversight of AI; and ensure they have appropriate authority to perform their stasks properly. Train them similarly even if your AI systems aren't high-risk (the Art.4 AI literacy obligation applies to all AI systems)
- What on? Train them (as appropriate to their role, technical knowledge, experience, education and training) on AI technicalities, use/safeguards, and interpretation of output, as well raising their awareness about AI's opportunities, risks and possible harms, taking into account the context the relevant AI system is to be used in, and the persons or groups of persons on whom your AI system is to be used
- The "AI literacy" definition (below) mentions skills, knowledge and understanding, "taking into account" AI Act rights and obligations, to make an informed deployment of AI systems. This might imply that relevant staff should also be trained on what are your obligations under the AI Act as deployer/provider, at least to a basic level - even engineers who aren't in the Legal/Regulatory/Compliance teams
- How?
- Others' experiences. To see what other organisations are doing on AI literacy, you can review the Commission's "living repository" compilation of AI literacy practices of many organisations (15 currently) from different sectors and of different sizes (direct link). Also consider attending/viewing the AI Pact webinar on AI literacy on 20 Feb 25 (YouTube livestream). If you don't have enough internal resources/expertise to train your staff, external third-party resources are available, but do check that whoever you engage is sufficiently knowledgeable. There are now many out there who offer AI training (nice market for that since ChatGPT, and it can only get bigger!) - but how well qualified or expert are they? A lot of big well-known AI companies already provide online AI training (typically tailored to their own services but covering the basics too), those are often free, so it's worth checking them out.
- AI jargon. My free YouTube video demystifying key AI jargon/terminology may also be of use😉, do incorporate it if you wish
- What else? Consider contributing to any sectoral/industry initiatives on training/awareness of people ("affected persons") who may be affected by your use of AI systems, and/or of other actors in the AI value chain
- Surely "affected person" won't be making any "deployment" of AI systems, so the "AI literacy" definition doesn't work very well in relation to them... it seems to be more awareness-raising on AI opportunities and risks/harms rather than training, there
- What to monitor for?
- Monitor relevant Member States' national laws for any local penalties that might be imposed for infringement of this obligation (seems unlikely, but you never know)
- Watch out for any voluntary codes of practice on promoting AI literacy "facilitated" by the EU AI Office/relevant Member States under Art.95(2)(c), and take on board anything from them if you can
- The AI Board is supposed to support the Commission in promoting AI literacy, public awareness and understanding of the benefits, risks, safeguards and rights and obligations in relation to the use of AI systems. If and when they put anything out, again see whether what they produce can usefully be incorporated into your own AI literacy program.
Key background info for ease of reference
- Art.4 AI literacy obligation: Providers and deployers of AI systems shall take measures to ensure, to their best extent, a sufficient level of AI literacy of their staff and other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the context the AI systems are to be used in, and considering the persons or groups of persons on whom the AI systems are to be used.
- Rec.91: ... deployers should ensure that the persons assigned to implement the instructions for use [of high-risk AI systems] and human oversight as set out in this Regulation have the necessary competence, in particular an adequate level of AI literacy, training and authority to properly fulfil those tasks...
- "AI literacy" definition: skills, knowledge and understanding that allow providers, deployers and affected persons, taking into account their respective rights and obligations in the context of this Regulation, to make an informed deployment of AI systems, as well as to gain awareness about the opportunities and risks of AI and possible harm it can cause
- Rec.20: In order to obtain the greatest benefits from AI systems while protecting fundamental rights, health and safety and to enable democratic control, AI literacy should equip providers, deployers and affected persons with the necessary notions to make informed decisions regarding AI systems. Those notions may vary with regard to the relevant context and can include understanding the correct application of technical elements during the AI system’s development phase, the measures to be applied during its use, the suitable ways in which to interpret the AI system’s output, and, in the case of affected persons, the knowledge necessary to understand how decisions taken with the assistance of AI will have an impact on them. In the context of the application this Regulation, AI literacy should provide all relevant actors in the AI value chain with the insights required to ensure the appropriate compliance and its correct enforcement. Furthermore, the wide implementation of AI literacy measures and the introduction of appropriate follow-up actions could contribute to improving working conditions and ultimately sustain the consolidation, and innovation path of trustworthy AI in the Union. The European Artificial Intelligence Board (the ‘Board’) should support the Commission, to promote AI literacy tools, public awareness and understanding of the benefits, risks, safeguards, rights and obligations in relation to the use of AI systems. In cooperation with the relevant stakeholders, the Commission and the Member States should facilitate the drawing up of voluntary codes of conduct to advance AI literacy among persons dealing with the development, operation and use of AI.