As organizations increasingly adopt AI tools for HR processes, numerous specific applications have emerged, like transcribing interviews and drafting job descriptions. A frequent question is whether these tools qualify as ‘high-risk’ AI under the EU AI Act when related to hiring or performance decisions. Generally, many do not, but the distinction can be nuanced.
The Act classifies high-risk systems that impact recruitment and work-term decisions, including automated CV screening and performance monitoring. Tools purely for administrative purposes, such as payroll and time-tracking, usually fall outside this classification.
To minimize risk, organizations should implement clear usage policies to ensure tools remain assistive, avoiding features that could influence hiring outcomes. Moreover, maintaining records of intended use and providing strong human oversight is crucial. Anticipated guidance from the European Commission by February 2026 may clarify these categorizations, prompting organizations to document processes and adapt as needed.
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