The AI Workplace: French Court Rules on Works Councils’ Role in AI Tool Rollout

In this episode of our podcast series, The AI Workplace, Sam Sedaei (associate, Chicago) is joined by Cécile Martin (partner, Paris) to discuss a landmark French court case on a company’s pilot implementation of artificial intelligence (AI) tools on select employees. The Nanterre Court of Justice ruled that deploying AI tool applications in an experimental or pilot phase required prior consultation with the works council due to significant employee interaction with the project. Cécile and Sam highlight the importance of assessing the scope of AI tool experimentation, including how many employees will be trained on and allowed to use AI tools, to determine whether works council consultation is required. Cécile also provides a general overview of the types of works councils in France, their powers, and the circumstances under which employers must inform and consult the councils.