Consultation with the Workers' Council before introducing AI technologies into the company
Publié le :
30/07/2026
30
juillet
juil.
07
2026
Is prior consultation with the Workers' Council required before artificial intelligence tools are implemented?
In a judgment of 21 May 2026, the Paris Court of Appeal ruled that the Workers' Council must be consulted, ordering the suspension of the implementation of AI tools in question pending completion of the information and consultation procedure (Paris Court of Appeal, 21 May 2026, N°25/13232).
Applicable law regarding the implementation of new technology
In companies with at least 50 employees, the Workers' Council (Comité social et économique) must be informed and must issue an advisory opinion on the introduction of new technologies (Labor Code, Art. L. 2312-8). This consultation is not a mere formality: it is a prerequisite for the implementation of the new technology; the project cannot be implemented during the consultation period.
In the case that led to the Paris Court of Appeal’s ruling, a specialist media company had introduced the use of several AI tools within its editorial teams. It had, on the one hand, regulated the use of general-purpose tools such as ChatGPT through an IT policy, and, on the other hand, made an in-house editorial assistant available to its employees, accessible via the company’s intranet. This tool enabled users, amongst other things, to transcribe audio or video files, to correct or rephrase texts, and to suggest headlines.
The Workers' Council considered that these tools constituted new technology within the meaning of Article L. 2312-8 of the Labor Code and brought the matter before the court to seek a suspension of their use until the Council had been consulted.
The Paris Court of Appeal ruled in favor of the Workers' Council. It emphasized that the concept of new technologies must be interpreted broadly: it refers to the introduction of new technology within the company, regardless of whether it is already widespread within the sector or the economy.
Applying this principle, the court held that the AI tools at issue did indeed constitute a new technology.
The fact that some employees had already used AI tools on their own initiative did not preclude consultation with the Workers' Council. Given that the editorial assistant tool was accessible on the intranet and likely to have a significant impact on working conditions as well as the nature and volume of tasks assigned to employees, prior consultation was required.
Scope of the ruling and practical implications
In the absence of consultation, the Court of Appeal found that a breach had occurred and ordered the temporary suspension of the use of AI tools until the information and consultation procedure had been completed. This decision illustrates the increasing vigilance of the courts regarding the deployment of AI in the workplace.
The decision serves as a reminder that a technological project cannot be introduced solely as a production tool: if it is likely to bring substantial changes to employees’ work, it must be preceded by a consultation process.
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