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L2 · Fair and compliant AI in hiring and employee decisions9 min read

The EU AI Act and employment

If you hire or employ people in the EU, the EU AI Act sets rules for AI in employment — some already in force, others from December 2027.

Already in force: banned practices

Since 2 February 2025, the Act prohibits AI systems that infer the emotions of a person in the workplace (except for medical or safety reasons). Tools that claim to read engagement, stress or honesty from faces or voices at work fall here.

Already in force: AI literacy

Article 4 asks providers and deployers of AI to take measures for a sufficient level of AI literacy among staff who use AI systems. The 2026 Digital Omnibus changes how this duty is worded; check the final text with counsel. Either way, AI training is now part of compliance, not only a nice-to-have.

From 2 December 2027: high-risk employment AI

Annex III, point 4 lists as high-risk:

  • AI to recruit or select people, including targeting job ads, analysing and filtering applications and evaluating candidates;
  • AI to make decisions on terms of work, promotion and termination, to allocate tasks based on behavior or traits, or to monitor and evaluate performance and behavior.

The original date was 2 August 2026. Under the Digital Omnibus agreement announced by the European Commission on 7 May 2026, high-risk rules for these areas apply from 2 December 2027.

What employers (deployers) must do

Among other duties, deployers of high-risk AI must use it according to the provider's instructions, assign human oversight to competent people, keep logs, monitor operation, and — under Article 26(7) — inform workers' representatives and the affected workers before putting a high-risk AI system into use at the workplace.

Practical takeaway

Use the extra time. Inventory employment AI now, remove any emotion-recognition features, ask vendors how they will meet provider obligations, and design worker information and oversight into rollouts — works councils in many EU countries will expect to be consulted anyway.

What this means for the CHRO

For a CHRO with EU staff, the AI Act turns three HR habits into legal duties: know your AI inventory, train people, and tell workers before high-risk AI is used on them.

Put the December 2027 date in your plan, but act now on the parts already in force: the ban on emotion recognition at work and AI literacy.

Where you have works councils, involve them early: in many EU countries they already have co-determination rights over technology that can monitor employees, and early involvement turns a legal duty into a source of trust. Ask your HR-tech vendors now how they will meet provider duties by December 2027.

Real example

On May 7, 2026 the European Commission announced a provisional agreement on the Digital Omnibus under which AI Act rules for high-risk systems in areas including employment apply from December 2, 2027 (instead of August 2, 2026), "to help ensure that technical standards and other support tools are in place". Source: European Commission — EU agrees to simplify AI rules (Digital Omnibus provisional agreement, May 7, 2026) ↗

Use it

Quick check · 3 questions

  1. 1.Which workplace AI practice is already prohibited in the EU?

  2. 2.From when do EU high-risk rules for employment AI apply after the 2026 Digital Omnibus agreement?

  3. 3.What must employers do before putting high-risk AI into use at the workplace (Article 26(7))?

0 of 3 answered

Sources

Last reviewed 2026-10-01.