AI literacy requirements are set out in Article 4 of EU Regulation 2024/1689 (AI Act). They require providers and deployers of AI systems to take measures to ensure a sufficient level of AI literacy amongst their staff and other persons dealing with the operation and use of AI systems on their behalf. Article 4 became applicable on 2 February 2025 meaning that organisations are currently obligated to take measures to ensure AI literacy of their staff. Note, supervision and enforcement rules will begin to apply from 3 August 2026 onwards.
In May 2025, the European Commission (Commission) released a timely and accessible publication titled “AI Literacy – Questions & Answers”. The Q&A brings some clarity as to what is required under Article 4 and Recital 20 of the Act, delivering some key takeaways for Irish businesses.
The AI Office (the Office) has now been established as the EU regulatory body in respect of the AI Act. While the Office is in its infancy, the European Commission has reinforced that the Office will be flexible regarding Article 4 of the AI Act and its 'sufficient level of AI literacy' considering the breadth of what the concept of AI literacy entails.
Minimum standards
The Commission sets out the following minimum standards that organisations should meet:
- Understand AI Basics: Ensure staff understand what AI is: how it works; how it's used within the organisation; its benefits and risks.
- Identify Organisational Role: Determine whether the organisation is developing AI systems or deploying third-party solutions.
- Assess AI Risk: Evaluate potential risks of the AI systems in use and ensure employees understand how to engage with them safely and effectively.
- Tailor AI Literacy Initiatives: Base training efforts on staff's varying technical backgrounds and the specific context in which AI is used, including sector, purpose, and impact on individuals.
Importantly, the Q&A clarifies the position that the standard requirements of AI literacy are relative to the types and varying risks of AI involved. The standards are also relative to what a particular employee's role is with regard to AI. For instance, a member of an organisation who is involved in the procurement of AI systems will require a higher level of knowledge than a member who might have very little direct engagement with AI.
Regarding a breach of the Article 4 requirements national notifying bodies and market surveillance authorities ('National Competent Authorities') may impose penalties and other enforcement measures to sanction infringements. By 2 August 2025 EU member states are required to adopt national rules on penalties and other enforcement measures, which may also include warnings and non-monetary measures. By that same time, member states are required to designate National Competent Authorities and must communicate that designation to the Commission and make their contact details publicly available.
Earlier this year the Irish Government, designated an initial list of eight public bodies as competent authorities, responsible for implementing and enforcing the AI Act within their respective sectors. The Regulation of Artificial Intelligence Bill was included in the government Spring legislation programme 2025. The purpose of the Bill is to enable the designated National Competent Authorities responsible for implementing and enforcing the Regulation to cooperate and provide for penalties.
For more information please contact Partner Damian Maloney, Solicitor Franklin O'Sullivan or your usual Beauchamps contact.