Key points
- Providing a legal framework for AI in a company limits the risks relating to liability, regulatory compliance and data management.
- The framework rests on the French Civil Code, the GDPR and the European regulation on artificial intelligence (AI Act).
- The AI Act regulates the deployment of automated systems in light of their impact on fundamental rights and safety.
- An effective framework requires precise identification of uses, a description of decision-making processes and a clear allocation of responsibilities.
- An AI charter or usage policy sets out authorised uses, restrictions and levels of oversight, and raises awareness among teams.
- The company must carry out a comprehensive risk analysis and document technical choices, tests and audits to ensure traceability.
The growing integration of artificial intelligence into companies’ day-to-day operations raises major legal challenges. Organisations must approach the legal framework rigorously in order to limit the risks relating to liability, regulatory compliance and data management. This article analyses the legal framework applicable in France and in Europe, and its practical implications for sound AI governance in the workplace. The aim is to clarify the requirements relating to the safe use of AI, the introduction of an AI charter or usage policy, training and the risk analysis associated with new technologies.
Which rules apply to the use of artificial intelligence in a company?
The rules that apply to the use of AI-powered systems rest mainly on several national and European texts. In France, digital law is built around the French Civil Code, the General Data Protection Regulation (GDPR) and the European regulation on artificial intelligence (AI Act), Regulation (EU) 2024/1689 of 13 June 2024. The French Labour Code (Code du travail) adds to this: no information concerning an employee personally may be collected by a system that has not been brought to the employee’s attention beforehand (Article L. 1222-4 of the French Labour Code (in French)). These legal instruments set a baseline of regulatory compliance that every company must observe when implementing AI solutions.
At European level, the AI Act, published in the Official Journal of the European Union on 12 July 2024, applies in stages: prohibited practices and AI literacy since 2 February 2025, most other provisions since 2 August 2026. Regulation (EU) 2026/1744 postponed the obligations relating to high-risk systems to 2 December 2027 (Annex III) and 2 August 2028 (Annex I). The AI Act aims to provide a legal framework for the deployment of automated systems in light of their potential impact on fundamental rights and safety. Each organisation must therefore build these obligations into its AI governance, in particular by creating internal mechanisms suited to the regulation.
What does an effective legal framework for AI in a company look like?
An effective legal framework for AI requires precise identification of uses, a rigorous description of decision-making processes and a clear allocation of responsibilities between the various internal and external parties. Companies benefit from formalising an AI charter or usage policy that sets out authorised uses, applicable restrictions and the necessary levels of oversight. In this respect, it may be wise to call on an artificial intelligence lawyer to assist with drafting and developing this charter.
Introducing such a policy makes it easier to manage legal risks and strengthens the safe use of AI. It also makes it possible to respond more effectively to requests from supervisory authorities or from stakeholders concerned about the ethical use of artificial intelligence in a professional context.
Why adopt a company AI policy or charter?
Drafting a suitable AI charter or usage policy has several practical advantages. First, it clarifies what is expected of staff and their obligations when using AI-based tools. Second, the document prevents potential misuse and actively contributes to regulatory compliance.
Drawing up such a document also promotes awareness across all teams of how personal or confidential data should be managed. This approach limits incidents caused by misuse while structuring AI governance around clear and accessible principles. In companies with at least fifty employees, the CSE (works council, comité social et économique) is informed and consulted on the introduction of new technologies (Article L. 2312-8 of the French Labour Code (in French)).
How to manage the specific legal risks of AI?
To control potential dangers, every company must carry out a comprehensive risk analysis covering all projects that involve artificial intelligence. This process makes it possible to identify possible weaknesses at technical, contractual and regulatory level, and then to define targeted corrective measures.
In practice, the company must assess not only the consequences for confidentiality or the safe use of AI, but also the impact on the liability of the parties involved. To ensure traceability and limit later disputes, the technical choices, the tests carried out and the audits conducted in connection with the use of AI should be documented.
The main areas of regulatory and contractual compliance
Complying with the rules on personal data protection remains a priority whenever a company uses an artificial intelligence algorithm. The GDPR requires transparent information for users, as well as enhanced measures regarding the security of processing and the lawfulness of the databases used by the AI.
Using suitable contracts helps avoid many legal difficulties. Each project should include precise clauses governing the liability of the parties, continuity of service and incident management arrangements. This contractual vigilance strengthens the legal framework while supporting the long-term viability of innovative uses.
How to organise the liability of the parties involved?
Allocating AI-related liability calls for a nuanced and documented approach. The company must distinguish its own obligations from those of the suppliers or service providers that developed, deployed or maintained the artificial intelligence system.
A balanced allocation of responsibilities limits conflicts and meets the requirements laid down by European regulation. In the event of damage or malfunction, this approach makes it possible to identify the party concerned quickly and to handle claims according to pre-established procedures.
What does robust AI governance involve?
Implementing AI governance means defining approval channels precisely, requiring continuous compliance monitoring and introducing regular checks on the tools used. This often includes appointing an internal contact person dedicated to overseeing all the ethical and legal issues relating to AI.
Suitable governance anticipates regulatory changes and makes it easier to adjust practices quickly. It also strengthens the trust of partners and clients by demonstrating the company’s ability to manage the safe use and ethical use of these technologies.
Training, awareness and data management at the heart of compliance
To maintain lasting compliance, the company must invest in training and awareness for its staff. Since Regulation (EU) 2026/1744, Article 4 of the AI Act requires providers and deployers of AI systems to take measures to foster AI literacy among their staff, without requiring them to ensure a specific level for each individual. Operational knowledge of good practice limits fraudulent or unauthorised uses of AI.
These training efforts complement the introduction of technical tools aimed at securing data management, strengthening access controls and preventing any information leak. Combining these levers optimises the legal framework and places the organisation in a position of active responsibility towards innovation.
For assistance: artificial intelligence lawyers.
