We use AI to monitor or evaluate employees. What applies?

This applies now

• Article 5: prohibited practicesApplicable
• Article 4: AI literacyApplicable

Coming up

• Annex III: high-risk AIfrom 2 December 2027

Workforce management falls under Annex III point 4. Emotion recognition in the workplace is moreover a prohibited practice under Article 5, and that enforcement is already active.

Your first actions

1. 1Justify the Article 6(3) exception against each individual condition. Name which of the four Article 6(3) conditions you invoke, with facts, and separately justify why the system poses no significant risk of harm to health, safety or fundamental rights and does not materially influence the outcome of decision making.
2. 2Screen every use case against Article 5 first. Before procurement, build or deployment, check whether the use case falls under a prohibited practice and stop or redesign early rather than after the fact.
3. 3Take role- and context-specific AI literacy measures. Determine for each role, system and context which combination of instruction, guidance, practice or training is appropriate.