Using ChatGPT at Work?
Article 4 EU AI Act Mandates Competence Training
Many SMEs already use AI tools like ChatGPT. But the EU AI Act creates new regulatory obligations. We explain why Article 4 on AI competence is now crucial and what you need to prepare for.
1. Introduction: ChatGPT & the AI Act
A typical scenario: An employee uses ChatGPT to quickly draft a marketing email or compose a social media post. Efficient? Yes. Problem-free? Not anymore. As soon as AI systems like ChatGPT are used in a business context, the EU AI Act applies.
Particularly relevant here is Article 4 of the AI Act, which requires adequate AI competence (AI Literacy) for all persons operating AI systems on behalf of the company. This means: Even seemingly harmless tools like ChatGPT trigger compliance obligations.
“What was innovation yesterday is compliance today.”
2. What Does Article 4 of the EU AI Act Specifically Say?
Article 4 obliges providers and deployers of AI systems to ensure an adequate level of AI competence. This applies to their own staff, but explicitly also to "other persons who deal with the operation and use of AI systems on their behalf".
The definition of "AI competence" in Article 3(56) includes skills, knowledge, and understanding that enable responsible use of AI systems and understanding of associated risks.
Official Clarification from the EU Commission:
“Yes, they should be informed about specific risks, such as hallucinations.”
(Response from the EU Commission FAQ on AI competence)
3. When Does ChatGPT Count as an AI System Under the AI Act?
In a business context, ChatGPT counts as an AI system as soon as it is used for operational purposes. Examples include:
- When it is used internally for text generation, analysis, or translation.
- When the generated results flow directly into business processes (e.g., customer communication, reports, programming code).
- When usage is recommended in work instructions or integrated into internal tools.
Practical rule:
As soon as a person in the company is supported by AI like ChatGPT, Article 4 applies.
4. What Are the Specific Risks with ChatGPT?
The training obligation aims to sensitize employees to the specific risks of generative AI. These include in particular:
5. How to Implement Article 4 in Practice
Many companies ask themselves: Do we now need to develop our own elaborate AI training from scratch? The good news: No. Article 4 does not require a rigid format, but structured and above all documented measures. The easiest path to compliance often leads through specialized partners.
Use Specialized Training Providers
Providers like the AIAct-Akademie offer certificates of participation, modular training - tailored to your industry, employee roles, and the specific risk profile of your company.
Pre-defined Training Paths Instead of Custom Development
Save yourself the effort of creating content yourself. Use ready-made training that covers all AI Act requirements - including the important documentation for compliance.
Plan Learning Checks and Refreshers
A one-time briefing is often not enough. Automated reminders, annual refreshers, and short learning checks help keep knowledge current and present.
Don't Forget Compliant Documentation
Who was trained when and with what content? Complete documentation protects you in case of doubt against authorities and demonstrates your duty of care.
6. Obligation or Optional? Legal Classification
Article 4 is binding, not a recommendation. Violations of the training obligation can have far-reaching consequences:
- They can be considered organizational negligence.
- They can lead to fines or reputational damage in case of harm.
Conclusion & Call to Action
“ChatGPT is not a toy - it's an AI system with obligations.”
Companies must sensitize and train their employees now to meet the requirements of the EU AI Act. Don't wait until 2026 - the obligation for AI competence applies much earlier.
Bonus: Checklist & FAQ
Checklist: Am I Affected by the AI Act?
- Do employees in my company use AI tools like ChatGPT, Midjourney, or Copilot for their work?
- Are results from these tools used for internal or external purposes (e.g., emails, reports, marketing)?
- Have we not yet established clear guidelines or training on using generative AI?
If you answer "Yes" to any of these questions, you are very likely affected by Article 4 and should act.
Frequently Asked Questions (FAQ)
Must freelancers and external service providers also be trained?
Yes, Article 4 refers to "other persons acting on their behalf". If freelancers use AI systems on your behalf, you must ensure that they also have the necessary AI competence. This should be regulated contractually.
Does this only apply to ChatGPT?
No, the regulations apply to all AI systems used in a business context. This includes text, image, and code generators from various providers as well as other AI-powered software.
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