Suggested citation:
F. Passamano, Intelligenza artificiale e potere organizzativo nell’impresa: responsabilità e trasformazione del paradigma prevenzionistico in lceonline (www.lceonline.eu), 2/2026,II/Rubriche, p. 2 ss.
Key words: artificial intelligence, organizational power, algorithmicrisk, workplace safety, employer liability, AI Act
Abstract: The adoption of algorithmic systems in production and decision-making processes does not merely introduce new preventiontools, but brings about a structural transformation of the firm’sorganisational architecture, affecting the criteria for attributingliability and the limits of the employer’s managerial authority. Startingfrom Article 2087 of the Italian Civil Code, the constitutionalframework, and European legislation on safety, personal data protection and artificial intelligence, the paper examines the shift from a prevention model centred on physical risk to a paradigm based on the governance of technological and algorithmic risk. The analysisalso highlights, from a comparative perspective, a functionalconvergence among different legal systems towards models of preventive accountability, despite the diversity of the regulatorytechniques adopted. What emerges is a multi-level conception of liability, in which the employer, the producer and the technologyprovider are called upon to answer for their respective spheres of control. Civil liability thus assumes not only a compensatory function, but also a function of shaping the algorithmic organisation of the firm.
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