AI works agreement template: a German Betriebsvereinbarung with notes on every clause.
If you introduce AI systems in a German workplace with a works council (Betriebsrat), you will usually need a works agreement. This AI works agreement template generator builds a draft in three steps, clause by clause, with a short note on why each rule is there and which law it rests on. Download it as a Word file or PDF, right in your browser.
As of 5 November 2026 · a template for your legal adviser to review
Your AI works agreement, ready to edit.
Complete the three steps above. Your draft then appears here with every clause, a note below each one and [placeholders] for everything you still need to fill in.
Why AI at work usually needs a works agreement.
A works council AI agreement in Germany (Betriebsvereinbarung) is a written contract between employer and works council that applies directly to employees (section 77(4) of the Works Constitution Act, BetrVG). For AI it is usually the way to go, because the works council must consent as soon as a system can analyse behaviour or performance. According to the Federal Labour Court, it is enough that the system is
An AI assistant with user accounts, histories and logs usually is. Since the Works Council Modernisation Act of 2021, the Works Constitution Act also mentions artificial intelligence expressly in three places. The cards below show the rights your draft should reflect.
Inform and consult
In good time and with documents, expressly including the use of AI (section 90(1) no. 3 BetrVG).
Consent where monitoring is possible
Technical devices that can monitor behaviour or performance (section 87(1) no. 6 BetrVG).
Workplace rules and health
Rules on conduct in the workplace (not on how the work itself is done) and health protection where there is a concrete risk, depending on the use (section 87(1) nos. 1 and 7 BetrVG).
Experts
If the works council has to assess AI to carry out its duties, calling in an expert is deemed necessary to that extent; details are agreed with the employer (section 80(3) BetrVG).
Selection guidelines
Consent is also needed where AI is used to draw them up (section 95(2a) BetrVG).
High-risk AI
Inform workers’ representatives and workers beforehand; for Annex III high-risk AI from 2 December 2027 (Art. 26(7) EU AI Act).
What belongs in an AI works agreement.
The generator produces all of these provisions. The table shows what each is for and what it rests on. Sections you deselect in step 3 are replaced by a shorter version with a note.
| Provision | Purpose | Legal basis |
|---|---|---|
| Subject and scope | Which establishments, employees and systems the rules cover | sections 77(4), 5, 50 BetrVG |
| Purpose and permitted use | What is allowed; anything else needs a new agreement | Art. 5(1)(b) GDPR |
| AI systems and operation (Annex 1) | Which systems run where and what data they process | section 90(1) no. 3 BetrVG; Art. 28 GDPR |
| No monitoring of performance or behaviour | No analysis of individuals, only anonymous statistics | section 87(1) no. 6 BetrVG; Art. 88(2) GDPR |
| Prohibited uses | No emotion recognition, no purely automated HR decisions | Art. 5(1)(f) AI Act; Art. 22 GDPR; section 95(2a) BetrVG |
| Data protection | Data types, legal basis, DPIA check, information | Art. 6, 13, 35, 88 GDPR; section 26 BDSG |
| Logs, access, retention | Who sees what, and for how long | Art. 5(1)(e) GDPR; Art. 26(6) AI Act for high-risk |
| Training and AI literacy | Training before first use, during working hours | Art. 4 AI Act; section 97(2) BetrVG |
| Rights of the works council | Documents, demonstrations, experts | sections 80(3), 90 BetrVG |
| New systems and changes | What triggers new consent and what is only notified | section 87(1) no. 6 BetrVG (introduction and use) |
| Evaluation, disputes, termination | Joint review, conciliation committee, continued effect | sections 76, 77(5) and (6), 87(2) BetrVG |
BetrVG = German Works Constitution Act, AI Act = Regulation (EU) 2024/1689 as amended by Regulation (EU) 2026/1744 (Digital Omnibus), BDSG = German Federal Data Protection Act. Own compilation, as of 5 November 2026.
From draft to signed agreement.
Create the draft
With this generator, then complete Annex 1 for each system and replace the [placeholders].
Agree with the works council
Inform early, show data flows and settings, plan for the expert.
Check data protection
Clarify the legal basis and DPIA with the data protection officer.
Review and sign
Have it reviewed legally, both sides sign, make it available in the workplace.
What this template does, and what it does not.
- The template is a starting point for negotiation, not a finished agreement. Every clause has to fit your systems, your establishment and any collective bargaining agreement.
- The draft deliberately does not cover high-risk AI, such as for selecting applicants or assessing performance. That needs its own agreement.
- The legal position on section 26 BDSG has not been fully settled since the CJEU judgment C-34/21. The notes reflect the position as of 5 November 2026.
- A template, not legal advice: have the draft reviewed by your legal adviser before signing.
What the notes are based on.
| Source | Used for |
|---|---|
| Section 87 BetrVG, 90, 80, 95, 77, 75, 97 | Co-determination, information, experts, selection guidelines, form and termination; AI additions by the Works Council Modernisation Act of 14 June 2021 (Federal Law Gazette I p. 1762) |
| Federal Labour Court, order of 13 Dec 2016, 1 ABR 7/15 | Objective suitability for monitoring is enough, para. 22 |
| Hamburg labour court, order of 16 Jan 2024, 24 BVGa 1/24 | No co-determination for AI services used via private accounts without employer access (summary proceedings) |
| CJEU, judgments of 30 Mar 2023, C-34/21, and 19 Dec 2024, C-65/23 | Requirements for more specific rules and collective agreements under Art. 88 GDPR |
| GDPR Art. 5, 6, 9, 13, 22, 28, 35, 88; section 26 BDSG | Data protection in the employment context |
| EU AI Act (EU) 2024/1689 Art. 3, 4, 5, 26, Annex III | Definition, AI literacy, ban on emotion recognition at work, deployer duties for high-risk AI; dates under Regulation (EU) 2026/1744 |
Further reading (German): Hans-Böckler-Stiftung, Praxisbeispiele KI (works agreement practice examples). All sources accessed on 5 November 2026.
Questions about AI works agreements.
What is an AI works agreement?
An AI works agreement (Betriebsvereinbarung) is a written contract between employer and works council that sets out which AI systems are used for what, which data they process, who sees logs and what is ruled out, such as monitoring of performance and behaviour. Under German law it applies directly and with binding effect to the employees it covers (section 77(4) BetrVG).
Is a works agreement on AI mandatory?
No statute requires a document with this name. But if an AI system is objectively suitable for monitoring employees’ behaviour or performance, introducing it requires the works council’s consent (section 87(1) no. 6 BetrVG). Systems with user accounts and histories usually are, and consent is usually recorded in a works agreement. Without agreement, the conciliation committee decides.
Must the works council consent if employees use AI services with their own accounts?
The Hamburg labour court said no in summary proceedings, among other reasons because the tool was not installed on company systems and the employer had no access to the data stored by the provider (order of 16 Jan 2024, 24 BVGa 1/24). That reasoning does not apply to an AI system your company introduces itself and whose histories or logs it can access. It is a decision on an individual case.
May the works council call in an expert?
Yes. Where the works council has to assess the introduction or use of AI, calling in an expert is deemed necessary to that extent (section 80(3), second sentence, BetrVG). The details are agreed with the employer. Both sides can also agree on a standing expert for AI matters (third sentence).
Is a works agreement a legal basis under the GDPR?
It can be: Art. 88 GDPR and section 26(4) BDSG allow collective agreements as a basis for processing employee data. According to the CJEU, however, it must comply with the GDPR as a whole, and courts fully review whether the processing is necessary (judgment of 19 Dec 2024, C-65/23). Agree the legal basis with your data protection officer.
What applies in companies without a works council?
Without a works council there is no works agreement. Set the rules for use in an AI policy instead. Duties under the GDPR and the EU AI Act still apply, such as measures to promote AI literacy under Article 4 of the EU AI Act.
Can I save the template as a Word file or PDF?
Yes. Below the finished draft you can download the works agreement as a Word file (.doc) or save it as a PDF via the print dialogue, with or without the notes. Both are created in your browser; your entries are not transmitted.
Show the settings the works council asks about, in the system.
Stefan shows you automatic deletion with deletion receipts and the 15-day audit log in RAGSuite, on your own servers and without telemetry. That way you bring evidence rather than assurances to the works council.