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Knowledge base · AI in HR

Do we have to tell applicants that a high-risk AI system takes part in deciding about them?

Yes, from 2 December 2027. If you use a high-risk system from Annex III that takes or helps to take decisions about persons, you inform those persons that the system is being used on them. That comes on top of the transparency duties of Article 50, and the GDPR already requires information about automated decision-making now.

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

Next step: Record your HR AI tools in Trusq

The duty

Deployers of a high-risk system from Annex III that takes or helps to take decisions about natural persons inform those persons that the system is used on them. This applies without prejudice to Article 50 [1].

From when

This duty applies to Annex III systems from 2 December 2027 [2].

What already applies now

Separately, the GDPR already requires now that you inform applicants about the processing of their data and about automated decision-making; see the page on information for applicants.

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.

  • Informing the people the system is used on AI Act 26

Sources

  1. [1] AI Act Art. 26(11) (AI Act, Regulation (EU) 2024/1689). Deployers of an Annex III system that takes or helps to take decisions about natural persons inform those persons that the system is used on them; this is in addition to Article 50.
    Without prejudice to Article 50 of this Regulation, deployers of high-risk AI systems referred to in Annex III that make decisions or assist in making decisions related to natural persons shall inform the natural persons that they are subject to the use of the high-risk AI system.
    Source, retrieved on 2 October 2026.
  2. [2] 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 2 October 2026.

Related questions

What do we have to tell applicants if we use AI to process their data?Can an applicant or employee demand an explanation of a decision taken with AI?What duties do we have from December 2027 as a deployer of a high-risk HR system?

Next step

Register the AI tools you use in HR. Trusq shows per tool which duties may apply and sets them up as actions, with the evidence that is expected and the source.

Record your HR AI tools in Trusq

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