EU AI Act for HR Tech

Annex III(4) explicitly lists: 'AI systems intended to be used (a) for the recruitment or selection of natural persons, in particular to place targeted job advertisements, to analyse and filter job applications, and to evaluate candidates' AND '(b) to make decisions affecting terms of work-related relationships, the promotion or termination of work-related contractual relationships, to allocate tasks based on individual behaviour or personal traits or characteristics, or to monitor and evaluate the performance and behaviour of persons in such relationships.' That covers ATSes, interview scoring, performance review AI, and most workforce-management AI.

Article 26 deployer obligations apply when you USE the system (not just provide it). Key: (a) follow the provider's instructions for use, (b) human oversight assigned to a competent natural person, (c) input data is relevant + sufficiently representative, (d) Article 26(9) FRIA before first deployment, (e) GDPR Article 35 DPIA where personal data is processed, (f) inform workers + worker reps + workers' councils.

A Fundamental Rights Impact Assessment under Article 26(9). For HR systems it must cover: rights engaged (non-discrimination, dignity, data protection, effective remedy, freedom of choice of occupation), categories of affected persons (candidates, employees, vulnerable groups), specific harms by context, mitigation measures, residual risk justification, stakeholder consultation (works council mandatory in Germany under Mitbestimmung), monitoring schedule.

Annex III high-risk obligations now apply from 2 December 2027 after Digital Omnibus delay. BUT Article 4 (literacy) is already binding since 2 February 2025 and Article 5 (no exploitation of vulnerabilities) applies to recruitment AI now. GDPR Art. 22 automated-decision protections + Article 35 DPIA also bite immediately for AI-assisted hiring/firing.

FRIA generator (free at /scorecard), Article 10 bias-detection (£299/mo) for selection-rate auditing across protected groups, Article 14 oversight templates, /audit-prep-bundle (£4,950) wrapping Annex IV + FRIA + Article 9 RMS in 14 days.