The use of AI (artificial intelligence) in catering, both in the dining room and in the kitchen, opens up interesting scenarios in terms of organizational and operational efficiency, service quality, and competitive advantage in many areas: from easier customer data management (reservations, food preferences, allergies) with clear improvements in terms of service personalization and greater food safety, to the prevention and reduction of waste and better logistics and warehouse management through the use of algorithms that allow for the monitoring of stocks, expiration dates, analysis of historical data, and prediction of future trends.
AI-based systems can help those who serve food to create new gastronomic combinations or recipes based, for example, on the analysis of data provided by social media, to comply with HACCP regulations through automated food quality control within the production process, and to trace the origin and path of food, thus reducing the risk of health and hygiene violations and ensuring greater safety for their guests.
The use of AI-based automation tools (robot waiters, chatbots for orders) can translate into greater efficiency and reduced waiting times and errors in order taking, without neglecting the use of software that allows for more strategic management of day-to-day activities.
However, the possible legal and regulatory risks resulting from the fact that this is a recently introduced technology cannot be overlooked.
Thus, in terms of personal data protection, as required by European (Regulation 2016/679 or GDPR) and national legislation (Legislative Decree 196/2003, also known as the Privacy Code) , if data on preferences, allergies, or eating habits are collected through AI, clear and explicit consent is required from the customer, who must be informed about how the data will be used, shared, and stored, with appropriate security measures to prevent loss or theft (with the consequent risk of penalties if the data is used without the correct legal basis).
The responsibility in the event of an error should not be underestimated either: if an AI-based system makes a mistake (e.g., it suggests a dish with an unreported allergen, or a robot serves the wrong food), who is liable? The restaurant manager, the software manufacturer, or the robot supplier? The regulatory framework is still unclear.
There are also issues related to food safety and regulatory compliance, in the sense that the predominant use of AI could reduce human attention and vigilance, with possible violations of health and hygiene rules: for this reason, the HACCP system must be constantly adapted to understand the risks associated with the use of AI-based technologies, which are constantly evolving.
Possible labor disputes cannot be ruled out, considering that the use of robots in the kitchen and dining room could lead to a reduction or replacement of staff or the introduction of new tasks not regulated in the relevant collective bargaining agreements.
Last but not least, there is the issue of intellectual property: can new recipes or culinary creations generated by AI be protected by copyright or patents or kept as trade secrets?
These are open and constantly evolving issues.
A first concrete attempt at regulation is undoubtedly represented by the European AI Act (Regulation (EU) 2024/1689, which came into force on August 1, 2024, with the most urgent provisions already in force since February 2, 2025, requiring that the use of AI systems be clear and not misleading, so that a customer must know whether they are talking to a chatbot or a person.
In Italy, Law No. 132 of September 23, 2025, which came into force on October 10, 2025, was recently approved on this subject. It is based on the principle that AI is a tool that supports and does not replace humans, according to criteria of human responsibility, transparency, and safety.
Key points include new protections for workers who, in accordance with transparency and non-discrimination, must be informed by employers about the use of AI systems in corporate recruitment, management, or evaluation processes, and for copyright: only works created by human labor are protected by the relevant legislation, while those generated with AI can only be protected if they are the result of a creative contribution by humans.
In conclusion, the legal implications of the use of AI in the food service industry are complex and interdisciplinary.
It is clear that in order to benefit from its use while minimizing legal risks, companies operating in the sector are required to continuously update and adapt to an ever-changing regulatory framework.
