AI in learning and development (L&D): when learning is high-risk
Adopted 2026-06-21 · ≈ 1 min read · 
edited by Dirk Baaijen
AI that recommends learning looks harmless, but once it determines who gets access to training or career paths it engages Annex III (access to vocational training). The risk is unequal development opportunities; the GDPR and bias testing come with it.
Short answer: AI in learning and development looks like the most harmless HR use — a system that recommends courses or personalises learning paths. But as soon as it determines who gets access to training, development or advancement, it engages Annex III of the AI Act (access to vocational training, point 3, and employment, point 4). The core risk: unequal development opportunities, with the GDPR on top.
Where the line lies
A recommendation system that suggests courses without obligation is lightly regulated. It becomes high-risk once it decides or influences:
- who is admitted to a (mandatory) training or talent programme;
- who qualifies for advancement based on a skill score;
- how learning outcomes are assessed.
Then the system co-determines who can develop — and that touches career opportunities directly.
The risk: unequal opportunity
L&D AI learns from who was trained and advanced in the past. If that data contains an imbalance, the model reproduces it: the same groups get the chances, others are quietly skipped. That is the same bias mechanism as in recruitment, but across the whole career.
The GDPR
Adaptive learning and skill profiles process much personal data about how someone learns and performs. That requires a basis, transparency and data minimisation — see GDPR in the workplace. Watch for special-category data if a tool infers wellbeing or "learning style".
What to do
- Determine the function: does the system recommend, or decide access? The latter is high-risk.
- Secure human oversight for decisions on training and advancement.
- Test for equal opportunity: do all groups get comparable recommendations and access?
- Be transparent to staff about how learning advice and access come about.
Development is the engine of a career. An algorithm that decides who may develop co-determines who gets ahead — which is why the law looks on here too.
Sources
- https://eur-lex.europa.eu/eli/reg/2024/1689/oj
Regulation (EU) 2024/1689 (AI Act): Annex III point 3 (access to and evaluation in vocational training) and point 4 (employment). - https://eur-lex.europa.eu/eli/reg/2016/679/oj
Regulation (EU) 2016/679 (GDPR): basis and transparency for profiling of learning and development data.
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