Fabskill/Blog/Compliance

GDPR and the AI Act: what changes for recruiters

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Two European texts now govern the use of AI in recruitment: the GDPR, in force since 2018, and the AI Act, whose Annex III classifies systems used for recruitment among high-risk uses. Here is what that means in practice, without unnecessary legal jargon.

Article 22 of the GDPR: the decision stays human

This text prohibits decisions producing legal effects, or significantly affecting you, from being based solely on automated processing — save for tightly framed exceptions. In practice, for a recruiter: a score, a CV analysis or an interview transcript can inform a decision, but cannot replace it. A human must remain able to challenge or review the outcome.

The AI Act: a framework for high-risk systems

Annex III of the AI Act explicitly classifies AI systems used for recruitment — CV screening, candidate assessment, job ad targeting — as high-risk uses. That classification creates obligations for providers and users alike: system documentation, effective human oversight, and information for the people concerned.

What it means day to day

  • Traceability — being able to explain why a profile was scored or ranked a certain way.
  • Real human oversight — not a box ticked at the end of the process, but a recruiter who can genuinely step in.
  • Candidate information — knowing they are dealing with an automated system, and being able to ask for a human contact.

These obligations are not side constraints: they shape how a recruitment tool must be built from the outset, rather than being added afterwards. That is the logic that has guided Fabskill's design since 2018.

See how Fabskill keeps the decision human

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