ITALY Trends and Developments Contributed by: Michela Bani, Alessandro Paone and Giacomo Bertelli, NIUS Legal and HR Solutions
In this context, the strengthening of the obligations of transparency, explainability, preventative risk assess - ment and human control should not be read as a limit to the organisational autonomy of the company, but as a factor of legitimisation and stabilisation of business decisions. In fact, these safeguards constitute the conditions through which the use of AI can translate into a competitive advantage on a legal level, reducing the area of uncertainty and strengthening the resil - ience of the determinations taken in disciplinary and litigation proceedings. A conscious and governed use of AI allows the com - pany to demonstrate, even in court, the methodo - logical correctness of the internal investigation, the proportionality of the tools used and the rationality of the decision-making process followed. In this sense, technological compliance represents not a cost, but rather an investment in terms of legal certainty, pre - dictability of outcomes and defensibility of organisa - tional choices.
Internal investigations supported by AI systems there - fore require a cultural evolution of the company organ - isation, oriented not to the mere adoption of technolo - gy, but to its integration within structured governance models. It is precisely through this integration that AI can become a tool for protecting corporate assets and the image and reliability of the company, rather than a risk exposure factor. The challenge for companies and the professionals who assist them is not, therefore, whether to use AI in internal investigations, but how to do it in a legally sustainable and strategically effective way. Only in this perspective can AI consolidate itself as an ally of the employers’ organisation, strengthening the ability to prevent, control and react to wrongdoing, in compli - ance with the guarantees provided for by the law and with a significant increase in the overall robustness of the compliance system.
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