Artificial intelligence (AI) has rapidly become a fixed part of work. Think of writing texts, analysing data or supporting decision-making. Increasingly, employers are setting out rules on how employees may handle AI. Those agreements can have major consequences for your daily work, your responsibilities and even your legal position. Therefore, it is important to know where these rules belong, how they are laid down legally and what that means for you.
Where are AI agreements usually located?
In practice, AI agreements usually do not belong literally in the employment contract, but in supplementary documents. That also makes sense.
Staff handbook or company regulations
The most appropriate place for AI agreements is the staff handbook or company regulations. These often already contain rules about:
- ICT and internet use;
- privacy and data protection;
- confidentiality and information security;
- workplace behaviour.
AI usage ties in directly with this. The advantage of this place is that rules are the same for all employees and can be adapted relatively easily if technology or legislation changes.
Code of conduct or ICT regulations
Some employers choose a separate AI or IT code of conduct. That is also defensible, as long as it is clear to employees:
- which document applies;
- where they can find the rules;
- since when the rules apply.
And how does this affect the employment contract?
Although AI policies are often set out in a staff handbook, they only truly become legally relevant when they become part of your employment contract. That usually happens in one of the following ways:
- 1. Reference to the staff handbook or company regulations in the employment contract
Many contracts contain a provision such as: “The employee declares that they will comply with the staff handbook and the regulations contained therein.” Through such a reference, the rules from the handbook become part of the agreements between you and your employer. That also means that a breach can have consequences. - 2. Variation clause
Sometimes the employment contract contains a variation clause. With this, the employer reserves the right to adjust rules (such as AI policy). That is not without limits: changes must be reasonable and must not simply interfere with your rights or position. - 3. Apart addendum
Increasingly, we are seeing a separate AI addendum that employees are required to sign. This makes the agreements explicit, but also calls for extra vigilance: what exactly are you signing and how far do those obligations extend?
AI agreements: what content do you typically encounter?
Use of AI tools
Employers record:
- whether AI may be used;
- For which tasks;
- with which (approved) tools.
Setting a framework is understandable. But an outright ban, without explanation or alternatives, can be unreasonable if AI makes the work more efficient or better.
Confidentiality and data
It is often explicitly stated that:
- confidential company information must not be entered into AI systems;
- personal data must be additionally protected.
That's fair enough, but make sure you aren't held personally liable for risks that actually belong to the employer.
Intellectual property
Some rules state that everything you create (with or without AI) automatically becomes the property of the employer. Such provisions must be clear and proportionate. Vague or all-encompassing wording can lead to disputes later on.
Good employership and good employeeship
The law requires employer and employee to behave as a good employer and good employee. That means, among other things:
- The employer must draw up clear, understandable and reasonable AI rules, inform employees and provide training where necessary.
- The employee must handle AI with care and comply with the agreed rules.
AI agreements must not be a one-sided shift of risk. If rules are too vague or too burdensome, that can be contrary to the duties of a good employer.
Five points for attention before you sign
- Check where the AI guidelines are
Are they in the handbook, an addendum, or both? And what is referred to in your contract? - Read the reference clause in your employment contract
That determines if and how manual rules apply to you. - Please note potential changes
Can the employer just change the rules, or are there limits to that? - Watch out for liability and penalties
Are mistakes or violations laid entirely at your door? - Have documents checked in advance
Discussing things afterwards is harder than getting clarity beforehand.
What can De Unie do for you?
De Unie has observed that AI-related provisions are often scattered across contracts, handbooks and addenda. We help our members with:
- reviewing employment contracts;
- reviewing staff handbooks and AI regulations;
- assessing whether changes are reasonable;
- consulting employers about adaptation.
This is how you stop unclear rules from being used against you later.
FAQ
Where are AI policies actually supposed to be located?
Usually in the staff handbook or an IT policy. Through a reference in your employment contract, these rules become part of your contract.
Can my employer change AI policies?
Sometimes, but only if that is reasonable and falls within the terms of your employment contract.
Do I need to sign an AI addendum?
Not automatically. It is advisable to first have it assessed to see what it contains and what the consequences are.
Am I personally liable for mistakes made with AI?
Not necessarily. That depends on the agreements and the circumstances. Excessively far-reaching liability is often unreasonable.
Can De Unie check my employment contract and handbook?
Yes. Members can have their contracts and arrangements reviewed by our legal advisers.
