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Is software that allocates tasks or trips to warehouse staff or drivers a high-risk AI system?

If it is an AI system that allocates tasks on the basis of individual behaviour or personal traits or characteristics, yes: such a system is on the high-risk list from 2 December 2027. A schedule that only distributes work on the basis of orders, locations and fixed rules is not automatically covered. If the system weighs employees' performance or behaviour, that is profiling and the exception for systems without a significant risk does not apply. The works council already has a right of consent over such a system now.

Prepare; applies from 2 December 2027Trusq editorial · checked against the official textLast verified:

Next step: Map your AI tool

What the Regulation names

Annex III names AI systems for allocating tasks on the basis of individual behaviour or personal traits or characteristics, and for monitoring and evaluating performance and behaviour in employment relationships [1]. Those systems are considered high-risk [2], from 2 December 2027 [3].

When yes and when no

It must be an AI system: software that infers from data itself how to generate output [4]. A route planner that distributes trips by address and time window does not allocate tasks on the basis of personal behaviour. A system that weighs an order picker's pace or error margin when distributing work does. An Annex III system without a significant risk can fall outside the high-risk rules [5], but not if it profiles persons [11]. Weighing pace or error margin is profiling: an automated evaluation of performance at work or behaviour [12] [13].

Already now: the works council

For a scheme on facilities suitable for observing or monitoring attendance, behaviour or performance you need the works council's consent [6] [7], and also for a scheme on the processing of personnel's personal data [8].

Already now: no automatic sanctions

If the system itself takes decisions that significantly affect employees, such as automatically scheduling fewer hours after a low score, that touches the right not to be subject to solely automated decisions [9].

From 2027: inform employees

Before you use a high-risk system in the workplace, you inform the workers' representatives and the workers concerned [10].

What Trusq bases this on

These released rules are in Trusq and are read again with every publication; if a rule changes, this page changes with it.

  • Workers and their representatives informed AI Act 26

Sources

  1. [1] AI Act, Annex III, point 4(b) (AI Act, Regulation (EU) 2024/1689). AI for task allocation based on behaviour or characteristics and for monitoring and evaluating performance is listed in Annex III.
    AI systems intended to be used to make decisions affecting terms of work-related relationships, the promotion or termination of work-related contractual relationships, to allocate tasks based on individual behaviour or personal traits or characteristics or to monitor and evaluate the performance and behaviour of persons in such relationships.
    Source, retrieved on 3 October 2026.
  2. [2] AI Act Art. 6(2) (AI Act, Regulation (EU) 2024/1689). AI systems referred to in Annex III are considered to be high-risk.
    In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall be considered to be high-risk.
    Source, retrieved on 3 October 2026.
  3. [3] Regulation (EU) 2026/1744 Art. 1(40)(b) (replaces AI Act Art. 113, third paragraph, point (c)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). The high-risk rules (Chapter III, Sections 1 to 3) apply to Annex III systems from 2 December 2027.
    Chapter III, Sections 1, 2, and 3, with the exception of Article 6(5), shall apply from: (i) 2 December 2027 as regards AI systems classified as high-risk pursuant to Article 6(2) and Annex III; and
    Source, retrieved on 3 October 2026.
  4. [4] AI Act Art. 3(1) (AI Act, Regulation (EU) 2024/1689). Definition of AI system.
    ‘AI system’ means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments;
    Source, retrieved on 3 October 2026.
  5. [5] AI Act Art. 6(3), first subparagraph (AI Act, Regulation (EU) 2024/1689). An Annex III system without a significant risk of harm is not a high-risk system.
    By derogation from paragraph 2, an AI system referred to in Annex III shall not be considered to be high-risk where it does not pose a significant risk of harm to the health, safety or fundamental rights of natural persons, including by not materially influencing the outcome of decision making.
    Source, retrieved on 3 October 2026.
  6. [6] WOR Art. 27(1), introductory wording (Dutch Works Councils Act (WOR); Dutch law, unofficial translation). The works council's consent is required for the schemes in Article 27(1). Original Dutch text:
    De ondernemer behoeft de instemming van de ondernemingsraad voor elk door hem voorgenomen besluit tot vaststelling, wijziging of intrekking van:
    Source, retrieved on 3 October 2026.
  7. [7] WOR Art. 27(1)(l) (Dutch Works Councils Act (WOR); Dutch law, unofficial translation). Consent is required for a scheme on facilities for monitoring attendance, behaviour or performance. Original Dutch text:
    l. een regeling inzake voorzieningen die gericht zijn op of geschikt zijn voor waarneming van of controle op aanwezigheid, gedrag of prestaties van de in de onderneming werkzame personen;
    Source, retrieved on 3 October 2026.
  8. [8] WOR Art. 27(1)(k) (Dutch Works Councils Act (WOR); Dutch law, unofficial translation). Consent is required for a scheme on the processing of personnel's personal data. Original Dutch text:
    k. een regeling omtrent het verwerken van alsmede de bescherming van de persoonsgegevens van de in de onderneming werkzame personen;
    Source, retrieved on 3 October 2026.
  9. [9] GDPR Art. 22(1) (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). Right not to be subject to a solely automated decision that significantly affects someone.
    1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
    Source, retrieved on 3 October 2026.
  10. [10] AI Act Art. 26(7) (AI Act, Regulation (EU) 2024/1689). An employer informs workers' representatives and the workers concerned in advance about a high-risk system in the workplace.
    Before putting into service or using a high-risk AI system at the workplace, deployers who are employers shall inform workers’ representatives and the affected workers that they will be subject to the use of the high-risk AI system.
    Source, retrieved on 3 October 2026.
  11. [11] AI Act Art. 6(3), third subparagraph (AI Act, Regulation (EU) 2024/1689). An Annex III system that profiles natural persons is always a high-risk system.
    Notwithstanding the first subparagraph, an AI system referred to in Annex III shall always be considered to be high-risk where the AI system performs profiling of natural persons.
    Source, retrieved on 3 October 2026.
  12. [12] AI Act Art. 3(52) (AI Act, Regulation (EU) 2024/1689). The AI Act uses the notion of profiling from the GDPR.
    ‘profiling’ means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679;
    Source, retrieved on 3 October 2026.
  13. [13] GDPR Art. 4(4) (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). Profiling is automated processing that evaluates personal aspects, in particular to analyse or predict performance at work, reliability or behaviour.
    ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
    Source, retrieved on 3 October 2026.

Next step

Describe one AI tool, for example your recruitment or planning software, in four questions. You see at once which rules may apply, with the source, before you enter any data.

Map your AI tool

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This page gives general information based on the text of the law. It is not legal advice for your situation.