Week 29
Guides on AI in recruitment
Guides

Is AI allowed in recruiting?

The short answer and what the law requires. How to use AI in recruiting legally under the EU AI Act and GDPR, with traceability and the human in the decision.

Short answer

Yes, AI in recruiting is allowed, but regulated. AI may be used as decision support if the system meets the EU AI Act's high-risk requirements and GDPR. In practice: document the processing, be able to explain decisions, inform candidates and let a human make the final decision.

Short answer

AI in recruiting is legal if done responsibly. It is not forbidden to use AI to search, screen or rank candidates, but such systems are high risk and must meet requirements for transparency, traceability and human control.

What is required of you

  • Inform candidates that AI is used in the process.
  • Be able to explain how a selection or ranking came about.
  • Ensure a human makes decisions that affect the individual.
  • Process personal data under GDPR, ideally with a DPIA.
  • Choose vendors who can show their documentation per processing activity.

What to avoid

Avoid fully automated decisions without human oversight, opaque black boxes that cannot explain themselves, and tools that move candidate data outside the EU without safeguards. That is where the legal and brand risk sits.

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