Recent developments at EU level indicate that the application of key obligations for employers under the EU AI Act for high‑risk AI systems (set out in more detail here), including those used in employment and HR contexts, may be delayed by more than a year.
On 26 March 2026, the European Parliament adopted its position on a proposed amendment to the EU AI Act, to ensure “timely, smooth, and proportionate implementation” of the EU AI Act.
What has Changed?
Under the EU AI Act as originally adopted, obligations relating to most high‑risk AI systems, including AI used in employment for recruitment, performance management, promotion, and dismissal decisions, are due to apply from 2 August 2026.
However, the EU has not yet published its promised guidance to help companies to implement the changes which was due by 2 February 2026, and the European Parliament has therefore proposed a later application date of 2 December 2027 to ensure this guidance is published well ahead of the obligations coming into force.
What is the Status of This Proposal?
It is important to note that this is not yet final law and the deadline has not yet been extended. Discussions still need to be had with the European Commission and the Council of the EU. The final text, and the definitive application dates, may still change.
What Does This Mean for Employers?
If adopted in its current form, the proposal would have several practical implications for employers using AI in the workplace:
- More preparation time: Under the current proposal, employers deploying or planning to deploy high‑risk AI systems in HR and employment processes would have until 2 December 2027 to comply with the full suite of corresponding obligations, including risk management, data governance, human oversight and record‑keeping.
- No pause on early obligations: The delay would not affect EU AI Act provisions that are already in force or due to apply earlier, such as prohibitions on certain AI practices, the AI literacy requirements and deployer transparency requirements (although certain transparency requirements for providers are set to be extended to 2 November 2026).
- Strategic planning still essential: Despite the proposed extension, organisations should continue mapping AI use cases in employment and assessing whether systems are likely to fall within the high‑risk category once the obligations do apply.
We will continue to monitor the progress of the EU AI Act proposal and provide updates as the legislative position becomes clearer. In the absence of a confirmed extension, employers are advised to work to the existing deadlines.
Please note: the information contained in this article has been written with information available as of 23 April 2026, employers should keep up to date of any developments.
