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Practical legal guide

Can a company use AI to screen job applicants?

A company wants faster hiring and uses AI to sort CVs, score interviews or tests. It may, but some uses are banned, and the company remains responsible for decisions about applicants.

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Updated: 2026-10-28

Short answer

Yes, with limits. Using AI to recognise the emotions of applicants and employees has been banned in the EU since 2 February 2025. AI used for recruiting and evaluating staff is high-risk AI, and its duties (human oversight, informing staff, keeping logs) apply from 2 December 2027. Already today, an applicant must not be rejected by an automated decision alone without human review, and must not be discriminated against, even when the algorithm makes the mistake. The company is responsible for the outcome, not the tool's supplier.

Quick answers

Can I use AI to filter out applicants who do not meet the requirements?
Pre-screening against clear criteria is possible, but a person who reviews the output should make the rejection decision. The GDPR restricts decisions made by a machine alone with a significant effect on the applicant.
Is a tool from a big supplier automatically compliant?
No. The employer is responsible for how it uses the tool, and banned features must not be used whoever supplied them.
Do we have to tell applicants that we use AI?
Yes. Applicants must know how and why their data is processed. For high-risk AI, further information duties apply from December 2027.

When this situation arises

  • The company uses a tool that automatically sorts or scores CVs
  • Interviews are assessed by AI from video or voice
  • A rejected applicant claims the system discriminated against them
  • An HR software supplier offers AI features and the company does not know which it may use

What options do you have

Use AI as an assistant, not a judge

When a person who genuinely reviews the AI output makes the final decision about an applicant, the risk of a dispute drops sharply.

Check the tool and the supplier contract

A lawyer can check whether the tool includes banned features and how the contract allocates responsibility for errors and data leaks.

Deal with a dispute with an applicant

If an applicant alleges discrimination or an automated decision, a lawyer can assess the risk and propose next steps.

Recommended step-by-step process

  1. 1.

    What can happen

    A banned use can lead to an AI Act fine; discrimination or a GDPR breach can lead to a dispute with the applicant and action by the supervisory authority.

  2. 2.

    What a lawyer does

    Assesses which category the tool falls into, sets internal rules and applicant information, and reviews the supplier contract.

What documents to prepare

  • The supplier's description of the tool and its features
  • The contract with the HR software supplier
  • The privacy notice for applicants
  • Any complaint or request from an applicant

Common mistakes

  • Letting AI reject applicants automatically without human review
  • Using features that infer emotions from video or voice
  • Assuming the tool's supplier bears the responsibility
  • Not telling applicants that their data is processed with AI

Risks and important deadlines

Ban on emotion recognition

Applies since 2 February 2025 at work and in recruitment, except for medical or safety reasons. Fines can reach €35 million or 7% of worldwide turnover.

Duties for high-risk AI

Apply from 2 December 2027 to AI used to recruit and evaluate staff. They include human oversight, informing employees and their representatives, and keeping logs.

Discrimination and automated decisions

Apply today. An applicant can seek protection if they were disadvantaged, or if a system alone decided about them without human review.

When it's worth contacting a lawyer

Before you deploy the tool, or as soon as an applicant alleges discrimination or an automated decision. A lawyer can review the tool, the supplier contract and the applicant information. Lawyers' services are paid; only submitting a standard request through LawBridge is free.

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Frequently asked questions

What does a review of a hiring tool cost?

It depends on the scope and the lawyer. Lawyers' services are paid; a standard request through LawBridge is free.

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