February Deadline: No Training, No AI Usage?

From 2 February 2025, businesses and their employees will enter a new era in their use of artificial intelligence. On this date, one of the central provisions of the European AI Act will come into force: the importance of demonstrable competence in the use of AI. This means that AI tools, regardless of their purpose or risk level, should only be used by individuals who possess the necessary expertise. Failure to provide evidence of such competence could result in severe penalties—a turning point for the working world in Europe.

Article 4 does not detail how an “adequate level” of AI competence is to be achieved or when it is deemed fulfilled. Employers are tasked with developing suitable concepts that enable their employees to make informed decisions when handling AI systems. The focus should be on equipping employees with the skills, knowledge, and in-depth understanding required to meet these demands.

The provision states: companies using or operating AI systems must ensure that all employees operating these systems are appropriately trained. This training obligation applies not only to large corporations but also to small and medium-sized enterprises—whether they use AI in customer service, production, or office settings.

Article 4 of the AI Act is not designed as a mandatory regulation but rather as a call to action for employers. Violations of these guidelines are not directly subject to fines or criminal penalties. However, damages resulting from improper use of an AI system or inadequate risk assessment could be interpreted as a breach of the employer’s general duty of care, particularly if such damages could have been avoided through appropriate measures. Additionally, non-compliance could lead to violations of other obligations under the Act, which would then incur significant penalties. Ignoring these guidelines could result in fines starting at €7.5 million or 1.5% of global revenue, potentially reaching up to €35 million or 7% of annual revenue in severe cases.

Why this call to action? While AI systems offer immense potential, they also come with considerable risks. Without sufficient knowledge about their functionality, ethical standards, and legal requirements, critical errors can occur—whether through poor decisions, the mishandling of sensitive data, or unethical applications. The EU aims to ensure that AI is not only used effectively but also responsibly through this new regulation.

The challenge now lies in implementation. As of February, individuals without appropriate training should no longer operate AI systems. Although the definition of “sufficient competence” is not explicitly outlined, technical knowledge, regulatory awareness, and application-specific skills are key criteria. Companies are now obligated to provide appropriate training and ensure their staff are well-prepared.

This may pose a particular challenge for smaller businesses, which often lack the resources to establish extensive training programmes. Nonetheless, they too must act, as ignorance will not protect them from penalties. Relying on informal AI tool usage—such as employees independently using services like ChatGPT—will no longer suffice. AI competence remains essential.

Time is of the essence. Businesses must organise themselves now to train all affected employees by February and document the necessary evidence. This is not only about meeting legal requirements and recommendations but also about laying the groundwork for the safe and effective use of technology.

From February onwards, the message is clear: those who use AI without competence risk not only significant fines for misuse but also the reputation and future of their company. The EU is sending a strong signal that technology must always be aligned with responsibility and knowledge. For businesses, there is only one course of action: act before it is too late.

Post picture: DALL-E3

Alexander Pinker
Alexander Pinkerhttps://www.medialist.info
Alexander Pinker is an innovation profiler, future strategist and media expert who helps companies understand the opportunities behind technologies such as artificial intelligence for the next five to ten years. He is the founder of the consulting firm "Alexander Pinker - Innovation Profiling", the innovation marketing agency "innovate! communication" and the news platform "Medialist Innovation". He is also the author of three books and a lecturer at the Technical University of Würzburg-Schweinfurt.

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