When considering the extent to which companies need to train their employees and whether an AI officer is required in connection with the use of AI, the future reference point will be the Artificial Intelligence Act (commonly referred to as the AI Act). The key provision is Article 4 of the AI Act, which regulates the requirements for companies regarding their „AI literacy.“ Article 4 stipulates that providers and operators of AI systems must take measures to ensure an „adequate level of AI literacy” among their employees and other persons involved in the operation and use of AI systems on their behalf. In addition to technical knowledge, the law also specifies appropriate training to determine the adequate level of literacy.
When do my employees or my AI officer have a „sufficient“ level of AI literacy?
Article 4 of the AI Act requires a „sufficient level of AI literacy“ for all individuals involved in a company that operates or uses AI systems.
Determining when something is „sufficient“ is a matter of interpretation, as three lawyers might have four different opinions on the subject, and the same applies to AI literacy. However, the following points are already clear:
- There is no „one-size-fits-all“ solution.
- The extent to which employees need to be trained to ensure adequate literacy depends particularly on the following factors:
- Prior knowledge, experience, and education of the individuals,
- The context in which the AI systems are to be used,
- The persons or groups of people with whom the AI systems are to be used.
Does every company need its own AI officer?
Not every company will need an AI officer. However, the more intensively and extensively a company implements, uses, and offers Artificial Intelligence, the more likely it is that the creation of such a position will become necessary.
The AI Act does not explicitly require an AI officer. Whether a company needs a dedicated AI officer, i.e., a person who has (more than the minimum level of) AI literacy and coordinates AI projects within the company, provides advice, and ensures that other employees have sufficient literacy, mainly depends on how and to what extent AI is used within the company. The requirement could arise from the need for adequate AI literacy, specifically under Article 4 of the AI Act in conjunction with Recital 20.
Key: Building Internal AI Literacy
AI literacy should enable providers and operators to make informed decisions about AI systems, particularly to develop corresponding AI strategies for the company. How these AI strategies should specifically be designed must be developed on a case-by-case basis. However, it is clear that it is not enough to draft AI guidelines once and then file them away. AI strategies must be developed, implemented, monitored, and continuously updated based on the specific AI systems and their application areas, involving relevant stakeholders.
Recital 20 explicitly states that AI strategies, and thus the required AI literacy within the company, must 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“.
Moreover, in connection with the application of the AI Act, 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.“
In other words, AI literacy requires not only a basic technical understanding but also knowledge of the specific AI systems and AI applications used throughout the value chain, as well as sufficient legal competence to ensure compliance with the AI Act. The requirements for AI literacy make it clear that it is not just about specific expertise in technology and law but also about a comprehensive, interdisciplinary understanding.
An AI officer ensures the necessary AI literacy of all relevant stakeholders, mediates between them, and ensures compliance with the AI Act within the company.
What skills should an AI officer have?
An AI officer is a specialist with interdisciplinary skills and expertise and must have the following knowledge:
- Technical elements of the specific AI systems;
- Correct application along the value chain;
- Legal requirements for compliance and enforcement of the AI Act.
It is expected that the EU Commission and Member States, in collaboration with relevant stakeholders, will develop voluntary codes of conduct in the future that will significantly influence the standard for AI literacy.
Conclusion
The law does not specifically require the appointment of an AI consultant or AI officer – unlike the role of a Data Protection Officer under Article 37 of the GDPR or Sec. 37 of the German Federal Data Protection Act („BDSG“). However, this does not mean that it cannot be sensible or even necessary for companies that deploy or use Artificial Intelligence (AI) to establish the position of an AI officer. In any case, companies must ensure that employees involved with AI are adequately trained. The more intensively and extensively a company implements, uses, and offers AI, the more likely it is that the creation of such a position will become necessary.
Is AI used in your company or in your products? We can assist you with:
- Identifying the necessary competencies,
- Organizing training sessions, and
- Developing the right strategy for introducing an AI officer.
We are also available to serve as an external AI officer. Feel free to contact us!