Co-determination in IT – and AI as a Special Case

8. September @ 9:00 - 10. September @ 17:00

€ 1.200

Training Costs: € 1.050,00
Catering Fee: € 150,00

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Co-determination in the digital workplace – rights, instruments and practical action

What rights does the works council have when the employer introduces new IT systems? How can employee representatives ensure that digital tools are used in ways that are fair, transparent and compliant with data protection law? And what changes when the system in question is not simply new software, but an application powered by artificial intelligence?

The digitalisation of the workplace confronts works councils with growing demands: new IT systems are introduced in rapid succession, data on employee behaviour and performance is collected on an ever-larger scale, and AI-based applications are increasingly used to support or automate operational decisions. This training equips works council members with the knowledge and practical tools to effectively exercise their co-determination rights in this field.

Co-determination when IT systems are introduced – the legal framework

The introduction or modification of technical systems capable of monitoring employee behaviour or performance triggers mandatory co-determination rights under Sec. 87 (1) No. 6 WCA. This applies to a wide range of systems: from email and office communication platforms to time-recording tools, workforce management systems and cloud-based collaboration environments. The works council must be involved from the outset – not merely informed after decisions have been taken.

The training provides a systematic overview of the relevant participation rights under the Works Constitution Act (WCA) and discusses how they interact with the requirements of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Particular attention is paid to the use of works agreements as the central regulatory instrument, including provisions on data protection, the prohibition of performance and behaviour monitoring, and the governance of digital working tools.

Artificial intelligence – a special case within IT co-determination

AI-based systems are not categorically different from other IT applications in terms of the applicable co-determination rights: the same provisions of the WCA apply. What makes AI a special case is the nature and scale of the challenges it poses: the opacity of algorithmic decision-making, the depth of data processing involved, and the potential for far-reaching effects on working conditions, work design, qualification requirements and employment.

This training therefore provides an introductory overview of AI co-determination – sufficient to recognise AI applications in the workplace, understand the works council’s basic rights in this context, and identify the implications for work design and skills requirements. The specific legal, technical and regulatory complexities of AI systems require dedicated in-depth training and will be covered in a separate training on artificial intelligence.

Our training covers the following topics:

Co-determination rights when IT systems are introduced or modified (Sec. 87 (1) No. 6 WCA)
Data protection requirements: GDPR, BDSG and their relevance for works council work
Works agreements as the central regulatory instrument: content, scope and drafting
Prohibiting performance and behaviour monitoring through works agreements
OSH aspects of digital working tools and always-on culture
Reviewing and updating existing works agreements in the light of new technologies
Introduction to AI co-determination: distinguishing AI from conventional software, basic rights under the WCA, and implications for work design and qualification requirements

Detailed Training Contents

1. Introduction to the works council’s role in digital transformation

Digitalisation and its effects on working conditions
Types of IT systems: office communication, workforce management, collaboration tools and beyond
Risks for employees: performance monitoring, data collection and erosion of privacy
The works council as a shaping force: from reactive involvement to proactive co-determination

2. Co-determination rights when IT systems are introduced

Mandatory co-determination under Sec. 87 (1) No. 6 WCA: scope and conditions
Further relevant participation rights: Sec. 80, 90, 92a WCA
Timing of involvement: why the works council must be engaged from the planning stage
Data protection law and its interaction with WCA co-determination rights

GDPR and BDSG: key provisions for works council work
Employee data protection: permissible data processing, purpose limitation and data minimisation
- Enforcement options: conciliation committee and labour jurisdiction

3. Works agreements on IT systems

The works agreement as the principal regulatory instrument
Key provisions and drafting principles
Prohibition of performance and behaviour monitoring
Data protection and permissible use of employee data
OSH aspects of digital working tools
Governing the use of mobile devices and remote access
- Reviewing and updating existing works agreements in the light of new technologies
- Case studies and practical exercises

4. Artificial intelligence – a special case within IT co-determination

What is AI? Definitions, terminology and distinctions from conventional software
AI applications in the workplace: use cases and risks for employees
Applicable co-determination rights: Sec. 87 (1) No. 6 WCA and beyond
The EU AI Act: risk categories, obligations and implications for works councils
Drafting works agreements on the use of AI: principles and key provisions

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