Knowledge base · AI in HR

Is our recruitment software with filters or matching an AI system under the AI Act?

That depends on how the software works. An AI system infers from the input itself how to generate output, such as a ranking, a score or a prediction. Software that only runs rules that people have fully defined, for example a filter on a category C driving licence or on postcode, is according to the recitals not covered. Matching or scoring based on machine learning is, as a rule, covered.

In force now (since 2 February 2025)Trusq editorial · checked against the official textLast verified: 3 October 2026

Next step: Map your AI tool

The definition

An AI system is a machine-based system that operates with some autonomy and infers, from the input it receives, how to generate outputs such as predictions, content, recommendations or decisions ^[1]. The key characteristic is that capability to infer ^[2].

What is not covered

The definition should not cover systems that are based on the rules defined solely by natural persons to automatically execute operations ^[3]. A fixed knock-out question or a filter that you set up yourself is therefore not an AI system.

What is covered

Techniques that enable inference include machine learning from data and logic- and knowledge-based approaches ^[4]. A module that learns by itself which CVs fit a vacancy, or that gives candidates a suitability score, is therefore, as a rule, an AI system.

Why it matters

If it is an AI system, the duty to support AI literacy applies already now ^[5]. If it is intended for recruitment and selection, such as filtering applications or evaluating candidates ^[6], the high-risk rules apply from 2 December 2027 ^[7]. The GDPR applies separately to any automated processing of personal data ^[8]. Ask your supplier, therefore, how the functions work.

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.

Literacy programme AI Act 4

Sources

[1] 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.
[2] AI Act, recital 12 (AI Act, Regulation (EU) 2024/1689). A key characteristic of AI systems is their capability to infer.
A key characteristic of AI systems is their capability to infer.
Source, retrieved on 3 October 2026.
[3] AI Act, recital 12 (AI Act, Regulation (EU) 2024/1689). Systems based on rules defined solely by people are not covered by the definition.
should not cover systems that are based on the rules defined solely by natural persons to automatically execute operations.
Source, retrieved on 3 October 2026.
[4] AI Act, recital 12 (AI Act, Regulation (EU) 2024/1689). Techniques for inference include machine learning and logic- and knowledge-based approaches.
The techniques that enable inference while building an AI system include machine learning approaches that learn from data how to achieve certain objectives, and logic- and knowledge-based approaches that infer from encoded knowledge or symbolic representation of the task to be solved.
Source, retrieved on 3 October 2026.
[5] Regulation (EU) 2026/1744 Art. 1(5) (replaces AI Act Art. 4(1)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). Deployers take measures that support the development of AI literacy.
Providers and deployers of AI systems shall take measures to support the development of AI literacy of their staff and other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the context the AI systems are to be used in, and considering the persons or groups of persons on whom the AI systems are to be used.
Source, retrieved on 3 October 2026.
[6] AI Act, Annex III, point 4(a) (AI Act, Regulation (EU) 2024/1689). AI for recruitment or selection is listed in Annex III.
AI systems intended to be used for the recruitment or selection of natural persons, in particular to place targeted job advertisements, to analyse and filter job applications, and to evaluate candidates;
Source, retrieved on 3 October 2026.
[7] 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.
[8] GDPR Art. 2(1) (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). The GDPR applies to the processing of personal data wholly or partly by automated means.
1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
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

Looking for a specialist? We will look with you for a suitable specialist; mediation is not guaranteed.

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