EU AI Act for EdTech

Annex III(3) lists education AI as high-risk: '(a) AI systems intended to be used to determine access or admission or to assign natural persons to educational and vocational training institutions, (b) to evaluate learning outcomes, including when those outcomes are used to steer the learning process, (c) for the purpose of assessing the appropriate level of education that a person will receive, (d) for monitoring and detecting prohibited behaviour during tests in the context of training and education.' Admissions AI, automated grading, AI proctoring, adaptive-learning AI — all in scope.

GDPR Article 8 protects children — minimum age for valid consent for information-society services is between 13-16 depending on member state. Article 35 DPIA is mandatory whenever children's data is processed. EU AI Act Article 5(b) bans AI that exploits vulnerabilities of persons due to their age. Stack: GDPR Art. 8 + Art. 35 DPIA + AI Act Article 5 ban + Annex III high-risk + Article 26(9) FRIA.

Especially scrutinised. Annex III(3)(d) explicitly captures AI to detect prohibited behaviour during tests. Bias mitigation (Article 10) for facial recognition under different lighting/skin tones is mandatory. Human oversight (Article 14) must be effective — false-positive flags must be reviewed by a competent natural person before academic consequence. Transparency to test-takers (Article 13 + 50) about AI use. National supervisory authorities are paying close attention.

Annex III high-risk obligations now apply from 2 December 2027 after Digital Omnibus delay. Article 4 (literacy) is binding since 2 February 2025 — for EdTech this includes student-facing literacy as well as staff. Article 5 (no exploitation of children's vulnerabilities) is fully in force. GDPR DPIA requirements are immediate.

FRIA generator (free at /scorecard) seeded with EdTech Annex III categories. Article 10 bias-detection (£299/mo) for grading + admissions + proctoring AI. Article 13 transparency logs (£399/mo) for student/parent disclosure. /audit-prep-bundle £4,950 for full Annex IV + FRIA in 14 days.