AI and recruitment: what the AI Act and GDPR require from HR
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Updated on ·
By 
Aymeric Guyard · 8 min read
In brief
- Screening CVs, scoring candidates, analysing a video interview: AI recruitment is one of the uses explicitly classified as 'high-risk' by the AI Act. Added to this are the GDPR (automated decisions, Art. 22) and employment law (works council information and consultation). The rule: AI assists, humans decide.
Why AI recruitment is 'high-risk'
Annex III of the AI Act covers systems used for recruitment, selection, hiring decisions or the evaluation of individuals. These uses can have a lasting impact on access to employment: they therefore trigger the enhanced obligations set out in Chapter III.
Provider or employer: who does what?
| Obligation | Provider (vendor) | Employer (deployer) |
|---|---|---|
| Risk & data management | Yes | Ensure effectively |
| Use monitoring | Design the tool to enable it | Yes |
| Human oversight | — | Ensure effectively |
| Information to individuals | — | Inform candidates and employees |
| Logging | Provide for logs | Retain and exploit |
| DPIA / risk analysis | — | Carry out before deployment |
The key question: solely automated decision?
The GDPR (Art. 22) strictly regulates decisions that produce legal or significant effects taken solely on the basis of automated processing. In recruitment, automatic rejection without genuine human intervention is risky. The safety rule: AI assists, humans decide, and the individual can obtain an explanation.
Transparency and social dialogue
- Inform the candidate that an AI system is being used and the general logic behind it.
- Comply with AI Act transparency requirements (Art. 50) for systems that interact with individuals.
- Inform and consult the works council: the introduction of a tool affecting working conditions and employment falls within its remit.
Checklist before deploying an AI recruitment tool
- Verify the 'high-risk' status and the provider's compliance documentation.
- Carry out a DPIA covering GDPR and AI Act.
- Ensure effective human intervention at the decision stage.
- Draft a candidate information notice and inform the works council.
- Test for bias and retain usage logs.
Take action
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