Knowledge base · AI in HR

Can an applicant or employee demand an explanation of a decision taken with AI?

Yes, if you take the decision on the basis of a high-risk system from Annex III (except point 2) and it has legal effects or a similarly significant adverse effect. Article 86 has applied since 2 August 2026, but the classification rules for those systems apply only from 2 December 2027, and a transitional rule applies to systems already in use. Assess per system, therefore, whether the right already applies. If it does, you give clear and meaningful explanations of the role of the system and the main elements of the decision.

In force now (since 2 August 2026)Trusq editorial · checked against the official textLast verified: 6 November 2026

Next step: Record your HR AI tools in Trusq

The right

An affected person subject to a decision that you take on the basis of the output of a high-risk system from Annex III (except point 2), and that produces legal effects or similarly significantly affects that person in a way they consider adverse to their health, safety or fundamental rights, can obtain clear and meaningful explanations of the role of the system in the decision-making and of the main elements of the decision. That does not apply where Union or national law provides exceptions, and only to the extent Union law does not already provide for that right ^[1].

From when

Article 86 has applied since the general date of application, 2 August 2026 ^[3]. The right concerns decisions based on a high-risk system from Annex III (except point 2) that produce legal effects or similarly significant adverse effects ^[1]. The classification rules of Chapter III apply to Annex III systems only from 2 December 2027 ^[2], and for systems already in use the transitional rule of Article 111(2) applies ^[4]. Assess per system and per decision, therefore, whether the right already applies.

What you prepare

Make sure that, for each decision, you can explain what role the system's score or recommendation played and which other elements were decisive. Ask the provider for the information you need for that.

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.

Explanation of individual decisions on request AI Act 86

Sources

[1] AI Act Art. 86(1) to (3) (AI Act, Regulation (EU) 2024/1689). Anyone affected by a decision based on the output of an Annex III system (except point 2) that produces legal effects or similarly significantly affects them in a way they consider adverse to their health, safety or fundamental rights has the right to clear and meaningful explanations; not where Union or national law provides exceptions, and only to the extent Union law does not already provide for that right.
Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken. 2. Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under that paragraph follow from Union or national law in compliance with Union law. 3. This Article shall apply only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law.
Source, retrieved on 2 October 2026.
[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.
[3] AI Act Art. 113, second paragraph (AI Act, Regulation (EU) 2024/1689). The Regulation applies from 2 August 2026.
It shall apply from 2 August 2026.
Source, retrieved on 3 October 2026.
[4] Regulation (EU) 2026/1744 Art. 1(39)(a) (replaces AI Act Art. 111(2)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). Transition for existing high-risk systems: the Regulation applies to systems placed on the market before the date of application of Chapter III only if they undergo significant design changes from that date; Article 5 remains unaffected.
Without prejudice to the application of Article 5 as referred to in Article 113, third paragraph, point (a), this Regulation shall apply to operators of high-risk AI systems, other than the systems referred to in paragraph 1 of this Article, that have been placed on the market or put into service before the date of application of Chapter III referred to in Article 113, only if, as from that date, those systems are subject to significant changes in their designs.
Source, retrieved on 22 October 2026.

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.