If your organisation uses AI to screen CVs, monitor staff performance, or allocate work, the European Commission has just classified your system as high-risk. In this episode, I break down the new EU AI Act guidance, what it means for HR teams, and why you need to start preparing now.
High-Risk AI in Employment: What You Need to Know
The European Commission has finally published draft guidelines clarifying which AI systems are considered high-risk under the EU AI Act. After two delays, this regulatory clarity is critical for HR and recruitment teams across Europe. The public consultation closes on 23 June 2026, giving organisations one month to provide feedback before final rules are set.
Under Article 6 of the AI Act, AI systems used in employment, worker management, and access to self-employment fall into the high-risk category. The guidance is particularly clear on one point: if your AI is profiling people, it is always classified as high-risk.
What Counts as High-Risk AI in HR
The European Commission provides concrete examples of high-risk AI systems:
- CV-sorting software for recruitment
- AI tools that materially influence hiring, promotion, or termination decisions
- Systems that allocate tasks based on personal traits or behaviour
- Tools that monitor or evaluate worker performance
Profiling means analysing or predicting things about a person’s performance, behaviour, reliability, or interests. If your tool does that, you’re in high-risk territory and must comply with strict obligations.
Critical Compliance Deadlines
The rules for stand-alone high-risk AI systems apply from 2 December 2027. For AI embedded in physical products, the deadline is 2 August 2028. These dates are not the start of compliance—they’re the end of the runway. The work must start now.
High-risk systems must meet strict requirements before deployment, including risk assessment and mitigation, high-quality data sets to minimise discriminatory outcomes, activity logging for traceability, detailed documentation, clear user information, appropriate human oversight, and robust cybersecurity and accuracy measures.
What’s Already Banned
Since February 2025, the AI Act has prohibited eight AI practices outright. Most relevant to workplaces is emotion recognition in employment and education settings. If you’ve been considering AI tools that read facial expressions during interviews, analyse voice tone, or monitor staff emotions, these are now illegal in the EU.
Also banned are social scoring, untargeted scraping of facial images, biometric categorisation to deduce protected characteristics like race or political views, harmful manipulation, and exploitation of vulnerabilities.
What Leaders Should Do Now
Map every AI tool currently used in hiring, performance, or workforce management. Ask whether each one performs profiling. Contact your suppliers to understand their preparation for the December 2027 deadline. Consider participating in the public consultation before it closes on 23 June.
The EU is the first jurisdiction with comprehensive AI rules.
Other countries are watching and will likely follow. Getting your AI house in order now protects the people your AI decisions affect and positions your organisation ahead of regulatory requirements.
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Sources
European Commission — AI Act regulatory framework: https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai
European Commission press release on draft guidelines (19 May 2026): https://digital-strategy.ec.europa.eu/en/news/commission-seeks-feedback-draft-guidelines-classification-high-risk-artificial-intelligence-systems
Draft Commission guidelines on classification of high-risk AI systems: https://digital-strategy.ec.europa.eu/en/library/draft-commission-guidelines-classification-high-risk-ai-systems
IAPP — European Commission delivers draft high-risk AI guidelines after delays: https://iapp.org/news/a/european-commission-delivers-draft-high-risk-ai-guidelines-after-delays
Article 6 of the EU AI Act — Classification Rules for High-Risk AI Systems: https://artificialintelligenceact.eu/article/6/
Article 16 of the EU AI Act — Obligations of Providers of High-Risk AI Systems: https://artificialintelligenceact.eu/article/16/
Alston & Bird — Draft guidelines analysis: https://www.alstonprivacy.com/european-commission-publishes-draft-guidelines-on-classification-of-high-risk-ai-systems-under-the-eu-ai-act/
WilmerHale — What are high-risk AI systems under the EU AI Act: https://www.wilmerhale.com/en/insights/blogs/wilmerhale-privacy-and-cybersecurity-law/20240717-what-are-highrisk-ai-systems-within-the-meaning-of-the-eus-ai-act-and-what-requirements-apply-to-them
Key Statistics
– Draft guidelines were published on 19 May 2026 after being delayed twice from an original February deadline.
– Public consultation on the guidelines closes on 23 June 2026, giving stakeholders one month to provide feedback.
– High-risk rules for stand-alone AI systems apply from 2 December 2027, giving organisations 18 months to prepare.
– Eight AI practices have been prohibited under the AI Act since February 2025, including emotion recognition in employment settings.
– High-risk rules for AI embedded in physical products apply from 2 August 2028, nine months after stand-alone systems.
– General Purpose AI model rules became effective in August 2025, several months before the high-risk system deadlines.
About the Podcast Host
AI and Communications Specialist | Author | Podcaster | International Speaker
Joanne Sweeney is a recognised leader in digital marketing and digital transformation, specialising in the practical application of AI to enhance communication strategies. The founder of Digital Training Institute, Joanne, empowers leaders and communications professionals to leverage AI responsibly and effectively, ensuring transparency, trust, and tangible results.
She completed the Harvard Kennedy School Executive Programme in AI and Public Policy this summer before launching her fourth book AI Playbook, in September. Joanne has also published two editions of Public Sector Marketing Pro, which were preceded by her first title, Social Media Under Investigation Law Enforcement and the Social Web.
Her books have become go-to resources for governments, public sector and policing agencies, as well as marketing and communications professionals, all navigating the challenges of the changing Internet.
Joanne is the host of the AI SIX Podcast, a daily six-minute podcast that provides actionable insights, expert interviews, and practical advice to help professionals navigate the new world of work.
Connect with Joanne on LinkedIn.
