AI literacy: a legal obligation for lawyers
- AI literacy
- AI implementation
- AI privacy
- Generative AI
- AI in practice
- Legal profession
- Legal
- Law
- Legal tech
- EU AI Act
- AI skills
The EU AI Act and the NOvA recommendations: the legal obligation of AI literacy for lawyers
5 minute read
After months of debate about the EU AI Act, the situation is clear: there is now a concrete legal obligation of AI literacy for lawyers and their support staff. With the NOvA’s “Recommendations on AI in the legal profession” (the NOvA is the Netherlands Bar, the professional body for all Dutch lawyers) and the partial entry into force of the AI Act, law firms have clear guidelines. Yet while more than half of legal professionals use generative AI every day, many firms struggle with the question: where exactly do you start with demonstrable AI literacy? The AI Act applies across the EU, so firms in Belgium and Luxembourg face the same obligation, alongside the rules of their own bar associations.
Three pillars of the legal obligation of AI literacy for lawyers
The combination of the EU AI Act and the NOvA recommendations creates a clear framework with three essential pillars. First, there is the obligation of AI literacy under the AI Act: lawyers must have demonstrable knowledge of basic AI terms, legal professionals need to get to work with prompt engineering, and they must be able to recognise AI risks. Second, risk management is a crucial part, with concrete measures against bias, data leaks and privacy breaches, and specific attention to Article 10a of the Dutch Advocates Act (Advocatenwet), which sets the core duties of Dutch lawyers. Finally, transparency towards clients may no longer be optional, with a clear duty to inform clients about the use of generative AI in legal work and strict consent requirements.
Step 1: Build basic AI literacy with training for lawyers
The foundation of a successful AI rollout is solid AI literacy training that covers four competences: (1) Technical understanding: knowing how AI systems work and what they can and cannot do, (2) Critical thinking: the ability to evaluate AI output and recognise risks, (3) Ethical awareness: understanding privacy, bias and responsibilities, and (4) Practical skills: prompting effectively and applying AI tools in daily practice.
Is AI literacy mandatory?
Yes, AI literacy has been mandatory since 2 February 2025 under the EU AI Act. The AI Act requires organisations to ensure, “to their best extent”, demonstrable AI literacy among all staff who use AI systems. For Dutch lawyers, the NOvA adds the duty to comply with Article 10a of the Advocates Act on expertise and due care.
What exactly does AI literacy mean for lawyers?
In concrete terms, AI literacy for lawyers means being able to: instruct generative AI effectively through professional prompts, critically verify AI output for legal accuracy, recognise and prevent risks such as bias and data leaks, inform clients transparently about AI use, and use AI systems deliberately within the limits of professional rules and privacy law such as the GDPR.
How do you comply with the AI literacy obligation?
You comply with the obligation by: (1) following recognised AI literacy training, (2) using only secure, paid legal AI platforms, (3) drawing up a firm-wide AI policy with quality checks, (4) carrying out a DPIA (data protection impact assessment) for processing personal data, (5) organising ongoing evaluation and further training, and (6) documenting every step for demonstrable compliance.
From when does the AI literacy obligation apply?
The legal obligation of AI literacy has applied since 2 February 2025, the date on which the relevant part of the EU AI Act took effect. Since then, law firms must be able to show that they invest in AI literacy training and that their staff have the AI skills needed to use AI systems responsibly in legal work.
