Skip to content

Knowledge base · AI in HR

From when do the high-risk duties apply to AI in HR?

From 2 December 2027. Originally that was 2 August 2026, but Regulation (EU) 2026/1744 has moved the date for Annex III systems, including HR AI. If the system type was already on the market before that date, the high-risk duties, including yours as a deployer, apply only after a significant change in the design. AI literacy, the prohibition of emotion recognition in the workplace and the transparency duties of Article 50 already apply now.

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

Next step: Record your HR AI tools in Trusq

The new date

The high-risk rules from Chapter III, Sections 1 to 3, apply to systems from Annex III from 2 December 2027 [1]. Without that amendment they applied from the general date of application, 2 August 2026 [2].

Systems you already use

If a high-risk system was already on the market or in use before that date, the Regulation applies to the operators of that system, and so also to you as a deployer, only if the design undergoes significant changes from that date; systems intended to be used by public authorities must comply at the latest by 2 August 2030 [3]. The prohibition of Article 5 applies in full [3]. Do not read the grace rule as an exemption from AI literacy or from Article 50 either: those duties apply to all AI systems, not only to high-risk systems [5] [2]. According to the recitals, the date on which the first unit of the same type and model was placed on the market or put into service in the Union counts [4]. Ask your supplier, therefore, when the system type came on the market and whether a significant design change is coming.

What already applies now

AI literacy (Article 4) and the prohibited practices (Article 5) have applied since 2 February 2025 [5]. The transparency duties of Article 50 have applied since the general date of 2 August 2026 [2].

Sources

  1. [1] 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.
  2. [2] AI Act Art. 113, second paragraph (AI Act, Regulation (EU) 2024/1689). The general date of application of the AI Act is 2 August 2026; the transparency duties of Article 50 fall under it.
    It shall apply from 2 August 2026.
    Source, retrieved on 2 October 2026.
  3. [3] Regulation (EU) 2026/1744 Art. 1(39)(a) (replaces AI Act Art. 111(2)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). If a high-risk system was placed on the market or put into service before the date of application of Chapter III, the Regulation applies to its operators (providers and deployers) only if the design undergoes significant changes from that date, without prejudice to Article 5; systems for public authorities must comply at the latest by 2 August 2030.
    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. In any case, the providers and deployers of high-risk AI systems intended to be used by public authorities shall take the necessary steps to comply with the requirements and obligations laid down in this Regulation by 2 August 2030.
    Source, retrieved on 2 October 2026.
  4. [4] Regulation (EU) 2026/1744, recital 39 (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). For the grace period of Article 111(2), the date on which the first unit of the same type and model was first placed on the market or put into service in the Union counts.
    For the purposes of the application of the grace period provided in Article 111(2), the decisive factor is the date on which the first unit of that type and model of high-risk AI system was placed on the market or put into service on the Union market for the first time.
    Source, retrieved on 2 October 2026.
  5. [5] Regulation (EU) 2026/1744 Art. 1(40)(a) (replaces AI Act Art. 113, third paragraph, point (a)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). Chapters I and II of the AI Act (including Article 4 and the prohibitions of Article 5) have applied since 2 February 2025.
    Chapters I and II shall apply from 2 February 2025, with the exception of Article 5(1), first subparagraph, points (ba) and (bb), and Article 5(1a) and (1b) which shall apply from 2 December 2026;
    Source, retrieved on 2 October 2026.

Related questions

Is our AI tool for recruitment, selection or personnel management a high-risk system?What duties do we have from December 2027 as a deployer of a high-risk HR system?What do we, as an SME, have to arrange now if we use AI in HR?

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

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.