Can AI Be Used in Human Resources?

Why This Area Is Special

Three regulations apply simultaneously:

EU AI Act. Systems for hiring, selection, promotion, and evaluation are classified as high-risk. This entails extensive obligations (risk management, documentation, human oversight). The deadlines for high-risk applications were postponed to July 2026 – the classification remains unaffected.

Article 22 GDPR. A solely automated decision with significant impact – such as a rejection – is generally prohibited.

AGG. A system that learns from historical data inherits historical disadvantages. This is not a theoretical concern but has been documented in several cases.

What Is Not Critical

• Drafting job postings and checking for understandable language
• Coordinating appointments
• Sending acknowledgment of receipt
• Checking documents for completeness
• Internal knowledge search for the HR department

What Is Critical

• Ranking of applicants
• Automatic pre-selection
• Analysis of video interviews
• Performance evaluation of employees

Co-Determination

Where a works council exists, the introduction of technical facilities suitable for monitoring behavior or performance is subject to co-determination (§ 87 BetrVG). This applies to most AI systems in the HR field – even if monitoring is not intended.

Recommendation

Automate supportive tasks in HR, but not decisions. This text does not replace legal advice.