Skip to content

Knowledge base · AI in HR

Is targeted advertising of job vacancies with AI covered by the high-risk rules?

Yes, from 2 December 2027. The AI Act expressly names AI systems for placing targeted job advertisements as a high-risk application in recruitment. The duties lie with whoever uses the system under their own authority; for advertising via a platform you must check whether that is the platform or yourself. Already now, the choice of target group must not lead to prohibited distinction when offering a position.

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 recruiting or selecting persons, in particular for placing targeted job advertisements [1]. Systems in Annex III are considered high-risk [2]; for HR those rules start on 2 December 2027 [3].

Who has the duties

The duties for use rest on the deployer: whoever uses the system under their own authority [4]. If you yourself deploy an AI tool that determines who gets to see your vacancy, that is you. If you choose a target group on a job platform and the platform distributes the advertisement with its own AI, you use that function for your own recruitment and you may also be a deployer yourself; the platform is usually the provider. Assume, therefore, that you have duties of your own, and ask the platform what information it supplies for that.

An exception with a limit

An Annex III system is not high-risk if it does not pose a significant risk of harm, for example because it does not materially influence the outcome [5]. But a system that profiles persons is always high-risk [6]. Targeted advertisements that select people on their profile fall under that as a rule.

Already now: no distinction

Distinction on the ground of, among other things, sex, race or religion is prohibited when offering a position [7]. A target group that excludes certain groups can amount to that distinction, even if an algorithm makes the choice.

Sources

  1. [1] AI Act, Annex III, point 4(a) (AI Act, Regulation (EU) 2024/1689). AI for recruitment or selection, in particular for placing targeted job advertisements, 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.
  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(4) (AI Act, Regulation (EU) 2024/1689). Definition of deployer.
    ‘deployer’ means a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity;
    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] AI Act Art. 6(3), third subparagraph (AI Act, Regulation (EU) 2024/1689). An Annex III system that profiles is always high-risk.
    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.
  7. [7] AWGB Art. 5(1)(a) (Dutch General Equal Treatment Act (AWGB); Dutch law, unofficial translation). Distinction is prohibited when offering a position. Original Dutch text:
    Onderscheid is verboden bij: a. de aanbieding van een betrekking en de behandeling bij de vervulling van een openstaande betrekking; b arbeidsbemiddeling; c. het aangaan en het beëindigen van een arbeidsverhouding;
    Source, retrieved on 3 October 2026.

Related questions

Is our AI tool for recruitment, selection or personnel management a high-risk system?May an AI selection tool distinguish between candidates on the basis of sex, origin or other characteristics?We are buying an AI tool for HR. Are we then the provider or the deployer?

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.