Salesforce shipped Slack Code on 20 August. It puts a coding agent, a code diff and a named human sign-off in the same scrollback — and in Germany that is a co-determination question before it is a security one.

Tag a coding agent in any Slack conversation and it opens a code channel: the conversation, the plan, the code diffs, a live preview. Claude Code, Devin, GitHub Copilot and Vercel at launch — Salesforce's own page also names ChatGPT. At no extra cost, on every Slack subscription.

Admins get guardrails, and agents inherit Slack's permissions model. Both true. Both answers to a security question.

Now the German part, and the correction.

§ 87(1)(6) BetrVG gives the works council co-determination over the "Einführung und Anwendung von technischen Einrichtungen, die dazu bestimmt sind, das Verhalten oder die Leistung der Arbeitnehmer zu überwachen." Read once, "bestimmt" sounds like intent: you did not build a monitor, so it does not apply.

That is not how it is read. In 1 ABR 16/23, decided 16 July 2024, the Bundesarbeitsgericht held that a headset system letting supervisors listen in is such a technische Einrichtung, and that it is co-determined "auch dann, wenn die Gespräche nicht aufgezeichnet oder gespeichert werden" — even where nothing is recorded or stored. Objective suitability decides. The employer's monitoring intent does not.

A code channel is attributed by construction. Who asked. What the agent returned. How many rounds it took. Who approved it. Searchable, per developer.

The AI Act does have a workplace clause — Article 26(7), inform workers' representatives before putting a high-risk system into service. It binds deployers of high-risk systems, and Regulation (EU) 2026/1744 moved Annex III to 2 December 2027. § 87 has been in force since 1972. No risk tier, no transitional period, and it attaches wherever a works council exists.

What I'd do Monday:

1. Check whether your existing works agreement names anything like a code channel. "Slack" is not the same object. 2. Default code channels off. Opt in per team, in writing. 3. Write down what is retained, for how long, and who can search it. Before the first channel. 4. Ask who is named as approver. That field is a performance record.

Nobody set out to build a monitor. Under § 87 that was never the test.

Whose sign-off is in your scrollback?

#AgenticAI #EUAIAct #Betriebsrat #SoftwareEngineering #Compliance