{"id":11,"date":"2026-10-13T23:48:39","date_gmt":"2026-10-13T23:48:39","guid":{"rendered":"https:\/\/fasthire.com\/blog\/?p=11"},"modified":"2026-10-13T23:48:39","modified_gmt":"2026-10-13T23:48:39","slug":"eu-ai-act-hiring-tools-2026","status":"publish","type":"post","link":"https:\/\/fasthire.com\/blog\/eu-ai-act-hiring-tools-2026\/","title":{"rendered":"What the EU AI Act means for hiring tools in 2026 (plain English, not legal advice)"},"content":{"rendered":"\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\">This post is a plain-English overview, not legal advice. The rules are detailed, their timing has been the subject of proposals to change it, and how they apply to you depends on your situation. Check the official text and take advice before relying on any of this.<\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">If you hire in the Netherlands, or you hire people in the EU from the UK, you have probably heard that the EU AI Act affects recruitment software. That is true. This post sets out what the law says about hiring, in plain language, with links to the sources.<\/p>\n\n\n<div class=\"wp-block-group has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-495e7ac5 wp-block-group-is-layout-constrained\" style=\"color:#20283A;background-color:#F1EFE8;padding-top:1.25rem;padding-right:1.5rem;padding-bottom:1.25rem;padding-left:1.5rem\"><p class=\"wp-block-paragraph\"><strong>Key takeaways<\/strong><\/p><ul class=\"wp-block-list\"><li>The EU AI Act sorts AI systems by risk. AI used for recruitment and selection is listed among the high-risk uses.<\/li><li>A few practices are banned outright. Most hiring tools are not banned, but high-risk tools carry duties.<\/li><li>Providers (who build tools) and deployers (employers who use them) have different duties.<\/li><li>Application dates have been the subject of proposals to change them. Read the official text for current dates. We do not state dates here.<\/li><li>A person should make each hiring decision, with the evidence in front of them.<\/li><\/ul><\/div>\n\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"1200\" height=\"481\" src=\"https:\/\/fasthire.com\/blog\/wp-content\/uploads\/2026\/10\/eu-ai-act-hiring-tools-2026-diagram.png\" alt=\"x\" class=\"wp-image-640\" srcset=\"https:\/\/fasthire.com\/blog\/wp-content\/uploads\/2026\/10\/eu-ai-act-hiring-tools-2026-diagram.png 1200w, https:\/\/fasthire.com\/blog\/wp-content\/uploads\/2026\/10\/eu-ai-act-hiring-tools-2026-diagram-300x120.png 300w, https:\/\/fasthire.com\/blog\/wp-content\/uploads\/2026\/10\/eu-ai-act-hiring-tools-2026-diagram-1024x410.png 1024w, https:\/\/fasthire.com\/blog\/wp-content\/uploads\/2026\/10\/eu-ai-act-hiring-tools-2026-diagram-768x308.png 768w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\" \/><\/figure>\n\n\n\n\n<h2 class=\"wp-block-heading\">What the AI Act is<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The AI Act is <a href=\"https:\/\/eur-lex.europa.eu\/eli\/reg\/2024\/1689\/oj\" target=\"_blank\" rel=\"noopener\">Regulation (EU) 2024\/1689<\/a>. It entered into force in August 2024. As a regulation, it applies directly in every EU member state, including the Netherlands, without needing a separate Dutch law to copy it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It does not regulate &#8220;AI&#8221; in general. It sorts AI systems by what they are used for and sets rules according to the risk of that use. Most uses carry few or no new obligations. A short list of practices is banned outright. And a set of uses listed in the Act are treated as <strong>high-risk<\/strong>, with significant obligations attached.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Why hiring is in the high-risk group<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Annex III of the Act lists the high-risk areas. Point 4 covers employment. It includes AI systems intended to be used:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>for the recruitment or selection of people, in particular to place targeted job adverts, to analyse and filter job applications, and to evaluate candidates; and<\/li>\n\n\n<li>to make decisions affecting terms of work relationships, promotion or termination, to allocate tasks based on behaviour or personal traits, or to monitor and evaluate performance and behaviour.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">In plain terms: if an AI system reads applications and sorts, filters or assesses candidates, it is very likely to be high-risk. Hiring decisions have a large effect on people&#8217;s lives, and automated systems can repeat unfair patterns at scale.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There are narrow exceptions in Article 6(3) for systems that only perform a narrow procedural task or a preparatory task and do not materially influence the outcome. Whether a given tool falls under them is a question for careful analysis, not something to assume because a vendor says so.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Something that is already banned<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Article 5 lists prohibited practices, and these have applied since 2 February 2025. One of them is directly relevant to hiring: using AI systems to infer the emotions of a person in the workplace, except for medical or safety reasons. A video interview tool that claims to read a candidate&#8217;s enthusiasm or honesty from their face or voice is the kind of thing this was aimed at. If you use or are offered anything like that, pause and get advice.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Providers and deployers<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The Act puts different duties on different parties.<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The <strong>provider<\/strong> is whoever develops the AI system and places it on the market under its name. For most employers, that is the software vendor.<\/li>\n\n\n<li>The <strong>deployer<\/strong> is whoever uses the system under its authority in a professional setting. If you use an AI hiring tool to process applications, you are a deployer.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Providers carry most of the technical obligations. Deployers have a shorter but real list.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What deployers of high-risk hiring tools have to do<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Article 26 sets out the main deployer obligations. In plain English, an employer using a high-risk AI hiring system should expect to:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><strong>Use it as instructed.<\/strong> Follow the provider&#8217;s instructions for use, and do not use it for purposes it was not designed for.<\/li>\n\n\n<li><strong>Put people in charge.<\/strong> Assign human oversight to people who have the competence, training and authority to do it, and the support they need. Article 14 explains what that oversight is meant to achieve, including being able to disregard or override the system&#8217;s output.<\/li>\n\n\n<li><strong>Check your input data.<\/strong> Where you control the data going in (for example, the job requirements you configure), make sure it is relevant and sufficiently representative for the purpose.<\/li>\n\n\n<li><strong>Monitor and report.<\/strong> Keep an eye on how it is working, and tell the provider, and in some cases the authorities, if you see a serious risk or incident.<\/li>\n\n\n<li><strong>Keep the logs.<\/strong> Keep the automatically generated logs under your control for at least six months, unless other law says otherwise.<\/li>\n\n\n<li><strong>Tell your workforce.<\/strong> Before putting a high-risk system into use at the workplace, inform workers&#8217; representatives and affected workers. In the Netherlands that is likely to involve your works council (ondernemingsraad), which may have its own rights under Dutch law.<\/li>\n\n\n<li><strong>Tell candidates.<\/strong> Inform people who are subject to decisions made or assisted by the system that it is being used.<\/li>\n<\/ol>\n\n\n\n<p class=\"wp-block-paragraph\">On top of that, Article 86 gives people affected by certain decisions based on a high-risk system the right to a clear and meaningful explanation of the role the system played. And Article 4, which has applied since February 2025, expects both providers and deployers to take measures to ensure a sufficient level of AI literacy among the staff who deal with AI systems.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">When this applies<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The general timetable in Article 113 makes most high-risk obligations, including those for Annex III systems such as hiring tools, apply from <strong>2 August 2026<\/strong>. However, in November 2025 the European Commission proposed changes, known as the Digital Omnibus, that would delay the high-risk obligations, linking them to the availability of supporting standards and guidance. At the time of writing you should check the current position on the <a href=\"https:\/\/digital-strategy.ec.europa.eu\/en\/policies\/regulatory-framework-ai\" target=\"_blank\" rel=\"noopener\">European Commission&#8217;s AI Act pages<\/a> and with your advisers rather than assume either date.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Whatever the final date, most of what the Act asks of deployers is good practice anyway.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What about the UK?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The UK is not in the EU, so the AI Act does not apply there as UK law. But it can still reach UK employers. The Act applies to providers and deployers outside the EU where the output of the AI system is used in the EU. A UK company using an AI tool to assess candidates for a role in Amsterdam should assume it may be in scope.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For purely UK hiring, the relevant rules are mainly UK GDPR, including its rules on solely automated decision-making, and the Equality Act 2010. The ICO has published <a href=\"https:\/\/ico.org.uk\/about-the-ico\/media-centre\/news-and-blogs\/2024\/11\/ai-tools-in-recruitment\/\" target=\"_blank\" rel=\"noopener\">recommendations for AI tools in recruitment<\/a> following audits of providers, and these are a useful reference for any employer.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Questions to ask your vendors<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">If you use, or are considering, software that uses AI anywhere in your hiring process, these questions are a reasonable start:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Do you consider this system high-risk under Annex III of the AI Act? If not, why not?<\/li>\n\n\n<li>What exactly does the system do with applications: does it sort, filter, assess or exclude anyone?<\/li>\n\n\n<li>What are your instructions for use, and what human oversight do you expect from us?<\/li>\n\n\n<li>What logs does the system keep, and how do we access them?<\/li>\n\n\n<li>How have you tested it for unfair outcomes across groups of candidates?<\/li>\n\n\n<li>How can a candidate find out how the system was involved in a decision about them?<\/li>\n\n\n<li>Does any feature infer emotions, personality or honesty from video, audio or text?<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Unclear answers are themselves useful information.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">The short version<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The AI Act does not ban AI in hiring. It treats it as a high-stakes use, and asks the people building and using these tools to show they are being careful: clear instructions, real human oversight, records, openness with candidates, and no emotion reading at work. If your hiring process already keeps people in charge and can explain itself, you are most of the way there.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Again: not legal advice. Read the <a href=\"https:\/\/eur-lex.europa.eu\/eli\/reg\/2024\/1689\/oj\" target=\"_blank\" rel=\"noopener\">official text<\/a> and talk to an adviser about your own situation.<\/p>\n\n\n\n\n<h2 class=\"wp-block-heading\">A deployer checklist<\/h2>\n\n<p class=\"wp-block-paragraph\">If you use an AI tool in hiring, the Act calls you a deployer. Article 26 of the <a href=\"https:\/\/eur-lex.europa.eu\/eli\/reg\/2024\/1689\/oj\" target=\"_blank\" rel=\"noopener\">AI Act<\/a> sets out duties for deployers of high-risk systems. In outline, they include using the system according to the provider&#8217;s instructions, assigning human oversight to people with the competence and authority to do it, checking that the input data is relevant for the intended purpose where you control it, monitoring the system and reporting problems, keeping the logs the system generates for an appropriate period, and informing workers&#8217; representatives and the affected workers before using a high-risk system at work. Read the article for the exact wording and conditions, and ask a lawyer how it applies to you.<\/p>\n\n<figure class=\"wp-block-table\"><table><thead><tr><th>Step<\/th><th>What to do<\/th><th>Evidence to keep<\/th><\/tr><\/thead><tbody><tr><td>1. Inventory<\/td><td>List every tool that sorts, filters, scores, ranks or evaluates applicants<\/td><td>The tool list, with owner and purpose<\/td><\/tr><tr><td>2. Classify<\/td><td>For each tool, decide with your vendor whether it falls under a high-risk use. Annex III lists recruitment and selection uses, such as analysing and filtering applications and evaluating candidates<\/td><td>A short note on the reasoning<\/td><\/tr><tr><td>3. Ask the vendor<\/td><td>Request the instructions for use, the logging features and the vendor&#8217;s own documents on conformity<\/td><td>Vendor replies in writing<\/td><\/tr><tr><td>4. Assign oversight<\/td><td>Name the people who review the tool&#8217;s output, give them time and authority, and train them<\/td><td>Names, training dates<\/td><\/tr><tr><td>5. Inform people<\/td><td>Tell candidates which tools are used. Tell employees and their representatives where the Act or national law requires it<\/td><td>Notices and dates<\/td><\/tr><tr><td>6. Keep logs<\/td><td>Keep the logs the system produces, for at least the period set by the Act or longer if national law requires<\/td><td>Log settings and retention schedule<\/td><\/tr><tr><td>7. Review<\/td><td>Check outcomes by sample, report problems to the vendor and to the authorities where required<\/td><td>Review notes<\/td><\/tr><\/tbody><\/table><\/figure>\n\n<p class=\"wp-block-paragraph\">This table is a planning aid. It is not a full list of duties, and some of them depend on your role and your country. For data protection duties that run alongside, see our guides on <a href=\"https:\/\/fasthire.com\/blog\/gdpr-job-applicants\/\">GDPR for job applicants<\/a>, <a href=\"https:\/\/fasthire.com\/blog\/gdpr-article-22-hiring\/\">GDPR Article 22<\/a> and <a href=\"https:\/\/fasthire.com\/blog\/dpia-hiring-tools\/\">impact assessments for hiring tools<\/a>.<\/p>\n\n<h2 class=\"wp-block-heading\">What to do this month<\/h2>\n\n<ol class=\"wp-block-list\"><li><strong>Write the tool list.<\/strong> One page, one line per tool.<\/li><li><strong>Switch off what you do not need.<\/strong> Features that rank or score people are the first to review. If a feature is not essential, turn it off.<\/li><li><strong>Email each vendor with five questions.<\/strong> What does the tool do? Is it intended for recruitment or selection? What documents do you provide? How do we use human oversight? How do we get logs?<\/li><li><strong>Name an owner.<\/strong> One person in HR or legal should track the vendor answers and official updates.<\/li><li><strong>Add a line to your candidate notice.<\/strong> If you use AI-assisted tools, say so in plain language and say that people decide.<\/li><\/ol>\n\n<p class=\"wp-block-paragraph\">FastHire is being built to keep people in charge. It shows each job requirement next to the exact CV passage that supports it. It does not rank, score or reject candidates. People make every decision. FastHire is coming soon. If you assess FastHire or any other tool, use the checklist above.<\/p>\n\n<h2 class=\"wp-block-heading\">Frequently asked questions<\/h2>\n\n<h3 class=\"wp-block-heading\">Does the EU AI Act ban CV screening software?<\/h3><p class=\"wp-block-paragraph\">No. The Act does not ban CV screening in general. It lists AI used for recruitment and selection among high-risk uses, which carry duties. A few specific practices are banned, and the official text lists them.<\/p>\n\n<h3 class=\"wp-block-heading\">Is a tool that only highlights text in a CV high risk?<\/h3><p class=\"wp-block-paragraph\">It depends on what the tool is intended to do and how it is used. Annex III lists uses such as analysing and filtering applications and evaluating candidates. Ask the vendor and a lawyer to classify the tool in your setting.<\/p>\n\n<h3 class=\"wp-block-heading\">I am a UK employer. Does this apply to me?<\/h3><p class=\"wp-block-paragraph\">It can, if you place a tool on the EU market, or if the output of a tool is used in the EU, or if you hire people in the EU. The UK has its own rules, including UK GDPR. Check both.<\/p>\n\n<h3 class=\"wp-block-heading\">What are the dates for these rules?<\/h3><p class=\"wp-block-paragraph\">Dates and any changes to them are set by the official text and by later amendments. Check the Official Journal and the European Commission pages for the current position. We do not state dates in this guide.<\/p>\n\n<h3 class=\"wp-block-heading\">Who is responsible, the vendor or the employer?<\/h3><p class=\"wp-block-paragraph\">Both have duties. Providers must meet requirements for the system they place on the market. Deployers, such as employers, must use it properly and provide human oversight. Contracts do not remove your own duties.<\/p>\n\n<h2 class=\"wp-block-heading\">Related guides<\/h2><ul class=\"wp-block-list\"><li><a href=\"https:\/\/fasthire.com\/blog\/fair-hiring\/\">Hiring guides for fair and compliant hiring<\/a><\/li><li><a href=\"https:\/\/fasthire.com\/blog\/gdpr-job-applicants\/\">GDPR for job applicants: what employers must do<\/a><\/li><li><a href=\"https:\/\/fasthire.com\/blog\/dpia-hiring-tools\/\">Data protection impact assessments for hiring tools<\/a><\/li><li><a href=\"https:\/\/fasthire.com\/blog\/gdpr-article-22-hiring\/\">Automated decisions about applicants under GDPR Article 22<\/a><\/li><li><a href=\"https:\/\/fasthire.com\/employers\">All hiring guides for employers<\/a><\/li><!-- fh-related-end --><\/ul>\n\n<p class=\"wp-block-paragraph\"><em>This is general information, not legal advice.<\/em><\/p>\n\n<div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/fasthire.com\/#waitlist\">Join the waitlist<\/a><\/div><\/div>","protected":false},"excerpt":{"rendered":"<p>This post is a plain-English overview, not legal advice. The rules are detailed, their timing has been the subject of proposals to change it, and how they apply to you depends on your situation. Check the official text and take advice before relying on any of this. If you hire in the Netherlands, or you [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":639,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-11","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-fair-hiring"],"_links":{"self":[{"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/posts\/11","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/comments?post=11"}],"version-history":[{"count":7,"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/posts\/11\/revisions"}],"predecessor-version":[{"id":642,"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/posts\/11\/revisions\/642"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/media\/639"}],"wp:attachment":[{"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/media?parent=11"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/categories?post=11"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fasthire.com\/blog\/wp-json\/wp\/v2\/tags?post=11"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}