AI in the workplace (KI am Arbeitsplatz) covers using AI in HR, such as recruiting, assessments, or monitoring. The framework comes from the EU AI Act (in force since 1 August 2024, applied in stages), the GDPR including Article 22 on automated decisions, and works council co-determination (§ 87 (1) no. 6 BetrVG). HR AI is generally high-risk under Annex III; the law is young and deadlines should be checked continuously.
At a glance
- The EU AI Act entered into force on 1 August 2024 and applies in stages
- AI in the employment context (recruiting, selection, assessment) is generally classified as high-risk AI under Annex III, with special obligations
- Article 22 GDPR governs automated individual decisions; employee data protection (Beschäftigtendatenschutz) must be observed
- The works council (Betriebsrat) has co-determination rights (§ 87 (1) no. 6 BetrVG) and may bring in experts to assess AI (§ 80 (3) BetrVG)
- Discrimination risks from AI engage the General Equal Treatment Act (AGG)
- The application dates for high-risk obligations may shift; check the current status before any rollout
The legal framework at a glance
- EU AI Act: in force since 1 August 2024, applied in stages; prohibitions and AI-literacy duties since February 2025, further duties from August 2025 and 2026. For high-risk AI under Annex III the date was 2 August 2026; a postponement of these duties is under discussion at EU level (check the status as of August 2026)
- GDPR/DSGVO: legal basis for processing employee data; Article 22 protects against purely automated decisions with legal effect
- BetrVG: co-determination for technical systems capable of monitoring conduct or performance (§ 87 BetrVG); the works council must be informed at the planning stage and may bring in experts
- AGG: AI must not lead to direct or indirect discrimination
FAQ
Is HR AI automatically high-risk AI?
AI systems for hiring, selection, assessment, or dismissal generally fall into the high-risk category under Annex III of the EU AI Act and trigger special obligations, such as data quality, documentation, transparency, and human oversight. The classification should be checked case by case.
Must the works council be involved in using AI?
Usually yes. If an employer introduces AI that can monitor conduct or performance, co-determination under § 87 (1) no. 6 BetrVG applies. To assess AI, the works council may bring in experts (§ 80 (3) BetrVG).
What applies to automated decisions about employees?
Article 22 GDPR generally prohibits decisions based solely on automated processing that produce legal effects or similarly significant effects. A legal basis and safeguards are required, such as the right to human intervention.
When do the EU AI Act obligations apply?
The EU AI Act has applied since 1 August 2024 in stages. For high-risk AI in the employment context the date was 2 August 2026; a postponement is being discussed at EU level. The current status should be checked before any rollout.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
