AI in recruitment and HR: opportunities and what the EU AI Act requires
Recruitment software with AI scoring is legally classified as high-risk AI. What that already requires from HR teams — even if you buy the tool rather than build it.
- AI tools that screen CVs, rank candidates or assess employment suitability fall under Annex III (category 4) of the EU AI Act — these are legally classified as high-risk AI.
- AI literacy (Article 4) already applies to every HR team using AI tools, including those bought from a vendor rather than built in-house. This has been in force since 2 February 2025.
- As a deployer you share responsibility for the use of high-risk AI in your recruitment process — even if the AI was built by an external supplier.
- Three steps to take now: carry out an AI inventory of your HR tools, record it in an AI register, and provide documented AI literacy training to your HR team.
AI makes recruitment smarter — and more accountable
Many HR teams and recruitment agencies already use AI: software that scores CVs, ranks candidates or suggests interview questions. The benefits are clear — more speed, less routine work, more consistent selection. But the EU AI Act has a consequence many HR professionals are not yet aware of: AI that supports personnel decisions is legally classified under Annex III of the Act. That is the category of high-risk AI. This means stricter obligations than for ordinary AI tools — and those obligations apply to companies that buy in the AI from a vendor, not just those that build it themselves.
Three things you need to know
The EU AI Act draws a clear line: AI that influences employment and personnel management is legally high-risk AI. This applies to the software — and to the businesses that work with it.
Annex III: recruitment AI is high-risk AI
Annex III (category 4) of the EU AI Act explicitly names AI systems used for recruitment and selection, assessing employment suitability, promoting or dismissing employees, and monitoring performance. If your recruitment software scores CVs, ranks candidates or makes a recommendation about who to invite for an interview, that software falls into this category. This applies regardless of whether you built the tool yourself or purchased it from a supplier.
Deployers share responsibility
Under the EU AI Act, as a deployer you share responsibility for how high-risk AI is used in your organisation — even when the AI was built by an external supplier. That means you must, among other things, appoint a human overseer for AI-assisted decisions in the recruitment process, train employees adequately, and document your compliance with the high-risk AI obligations. This is in addition to the AI literacy obligation (Article 4) that has already applied since 2 February 2025.
When do the stricter rules take effect?
Enforcement of the Annex III obligations for high-risk AI begins on 2 August 2026, when national supervisory authorities receive their powers. The EU is working through the 'Digital Omnibus' (November 2025) on a possible shift or simplification of the high-risk obligations for smaller businesses; that proposal has not yet been definitively adopted. The AI literacy obligation (Article 4) is separate from this and already applies today. Fines for violations can reach €15 million or 3% of worldwide annual turnover, whichever is higher.
How HR teams can start now
You don't have to wait until 2026 to act. Three steps that already add value: (1) Carry out an AI inventory of your HR tools — which software do you use for recruitment, assessment or personnel management? Does it have AI features? (2) Record this in an AI register — per tool: what does the AI do, who uses it, what decisions does it support and is there human oversight? (3) Provide AI literacy training to your HR team — not a generic course, but tailored to the AI tools recruiters and HR managers use day to day. Document that you did this. These three steps give you a strong foundation for both the already-applicable Article 4 obligation and the stricter Annex III rules that will be enforced from 2026.
Frequently asked questions about AI in recruitment and the EU AI Act
Does our applicant tracking system (ATS) fall under the EU AI Act?
We buy the AI from a supplier — are we still liable?
What do HR employees need to know about AI literacy?
When do the stricter high-risk rules for recruitment AI take effect?
How quickly can we become compliant?
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