Prohibited AI practices in the workplace. Analysis and possible solutions from Spanish labour legislation

Abstract

This article explores the relationship between prohibited artificial intelligence practices established by Regulation (EU) 2024/1689 (Artificial Intelligence Regulation) and Spanish labour legislation. Beginning with a systematic review of prevalent academic concerns regarding artificial intelligence in the employment context, and through an analysis of relevant legal provisions, the article defines these prohibited practices and hypothesises which among them bear the closest connection to employment relationships. Additionally, given their relation to prohibited practices and the use of similar technologies, the article examines points of intersection with Directive (EU) 2024/2831 (Platform Work Directive). Through this comprehensive approach, the article assesses whether there is a necessity to amend key elements of Spanish labour law, while also highlighting certain grey areas that will likely require future clarification.