AI in education: what does the AI Act mean for schools and trainers?
Adopted 2026-06-20 · ≈ 2 min read · 
edited by Dirk Baaijen
AI that determines access to education, evaluates learning outcomes or monitors exam behaviour falls under Annex III and is high-risk. Emotion recognition in education is banned. The GDPR (often minors' data) and the AI-literacy duty also apply.
Short answer: Education is a designated high-risk domain. AI systems that determine access to or admission to education, evaluate learning outcomes, assess the appropriate level of education, or detect prohibited behaviour during tests fall under Annex III of the AI Act. One use is also banned: emotion recognition in educational institutions (Art. 5). On top of that the GDPR applies — often involving minors' data — and the AI-literacy duty.
Why education is high-risk
The legislator sees AI in education as high-risk because it shapes people's life course: who is admitted, how someone is assessed, what level is deemed appropriate. Concretely, Annex III covers, among others:
- AI for admission and assignment to educational institutions;
- AI that evaluates learning outcomes (automated grading, scoring);
- AI that determines the appropriate level of education;
- AI that detects prohibited behaviour during tests (proctoring).
What is banned
Emotion recognition in educational institutions is banned (Art. 5, since 2 February 2025) — for example AI that measures students' "engagement" or emotions via webcam. Only medical or safety purposes form a narrow exception. See prohibited AI practices.
The GDPR and minors
Education AI almost always processes personal data, often of children — who enjoy extra protection under the GDPR. Proctoring and automated assessment require a legal basis, transparency, data minimisation and usually a DPIA. Automated decisions with significant effects (such as a rejection) engage Article 22 GDPR.
What to do
- Inventory your education AI: admission, assessment, proctoring, level determination.
- Classify each system (see high-risk obligations) and check for banned emotion recognition.
- Build in human oversight for decisions about pupils and students.
- Run a DPIA and be extra careful with minors' data.
- Arrange AI literacy for teachers and staff.
AI in education touches fundamental rights and vulnerable groups — it therefore falls under the AI Act's heaviest regime, with a hard ban on emotion recognition on top. Start with classification and human oversight.
Sources
- https://eur-lex.europa.eu/eli/reg/2024/1689/oj
Regulation (EU) 2024/1689 (AI Act): Annex III (education) high-risk; Art. 5 bans emotion recognition in education.
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