HR edition
The AI Act has truly begun: some rules apply today, others are delayed. For HR, that distinction matters.
AI in recruitment gets a delay until end of 2027, but three rules already apply
What's new: the strictest AI requirements for recruitment are being delayed, but the basic rules already apply.
The Digital Omnibus came into force on 27 July 2026. As a result, the strictest requirements for AI tools in recruitment and selection are being pushed back from 2 August 2026 to 2 December 2027. But take note: three rules already apply. The transparency obligation, the requirement to make employees AI-literate, and the ban on certain AI applications all remain in force. So you have more time for the administrative obligations, but not for the basics.
Background for subscribersAre you using an AI chatbot in your hiring process? Then you must already disclose that to candidates. This is not optional, it is a legal obligation that has applied since 2 August 2026. Emotion recognition during job interviews has even been banned since 2 February 2025. The stricter requirements for high-risk AI in recruitment and selection have been delayed until 2 December 2027, thanks to the Digital Omnibus. But the basic rules, on transparency, AI literacy, and prohibited applications, remain firmly in place. So check now what you already need to change, and what can wait a little longer.
Using a chatbot in your hiring process? You already have to disclose that now.
The transparency obligation (Article 50) has applied since 2 August 2026. If a job applicant communicates directly with an AI system, such as a chatbot, that must be clearly indicated. The candidate must know in advance whether and how AI is being used, how the process works, and on what criteria they will be assessed.
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