25/09/2026

Employers using AI in recruitment, people management, or staff evaluation should prepare for increased regulatory oversight under the EU AI Act.

The Workplace Relations Commission (WRC) has been designated a market surveillance authority under the EU AI Act. It will supervise certain high-risk and prohibited AI systems used in the employment context.

The WRC has published a frequently asked questions document explaining its role and outlining what employers should consider when introducing AI in the workplace. The guidance is particularly relevant to employers using AI to recruit, manage, monitor or evaluate staff. You can access that document here

 Key points for employers

• The WRC is responsible for supervising certain employment-related high-risk AI systems and prohibited AI systems;
• The WRC may consider how AI was used when dealing with complaints relating to employment rights, equality, discrimination, dismissal or penalisation;
• Employers using high-risk AI systems may have obligations as “deployers” under the EU AI Act;
• Employers should understand what their AI systems do, what data they use, how risks are managed and how human oversight is maintained;
• Employers should identify whether any AI systems they use or plan to use may be high-risk or prohibited.

Background

The EU AI Act establishes a regulatory framework for the development, placing on the market, and use of artificial intelligence systems and models.

Ireland is implementing the EU AI Act through a distributed regulatory model. Under this approach, existing regulators and public bodies will share responsibility for supervision and enforcement rather than a single authority having sole responsibility. The European Union (Artificial Intelligence) (Designation) Regulations 2025, as amended, designated 15 bodies as market surveillance authorities, including the WRC. An Irish AI Office has also been established to coordinate the work of the relevant authorities and carry out a number of centralised functions.

High-risk AI systems in employment

The EU AI Act classifies certain employment-related AI systems as high-risk. The WRC will act as the market surveillance authority for systems used, for example, to:

• Advertise vacancies or recruit and select candidates;
• Screen or filter applications;
• Evaluate candidates;
• Make decisions affecting terms and conditions of employment;
• Allocate tasks; or
• Monitor or evaluate performance.

Organisations that develop and place these systems on the market are generally referred to as “providers”. Organisations that use them are generally referred to as “deployers”. Employers using high-risk AI systems will therefore have specific obligations under the EU AI Act.

Employer obligations

Article 26 of the EU AI Act sets out a number of obligations for deployers of high-risk AI systems. Relevant obligations for employers include:

• Using the system only in accordance with the provider’s instructions for use;
• Assigning appropriate human oversight;
• Monitoring the operation of the system; and
• Reporting incidents where required.

Employers must also inform workers’ representatives and affected workers before a high-risk AI system is put into use, where required by the EU AI Act.

An employer may also be treated as a provider in certain circumstances. This could arise where an employer develops, or has a system developed on its behalf, and places it on the market or puts it into service under its own name or trademark. An employer may also become the provider of a third-party system if it substantially modifies or rebrands that system.

Prohibited AI systems

The WRC will also supervise the prohibition on AI systems that infer the emotions of workers in the workplace based on biometric data. This includes systems that attempt to determine, for example, whether an employee is angry by analysing biometric information.

How may the WRC supervise AI use?

The WRC may consider an employer’s use of AI where that use is relevant to a complaint within its existing jurisdiction. This could include complaints relating to employment rights, equality, discrimination, dismissal or penalisation.

Employees can already bring complaints to the WRC where the facts involve an employment right or another matter within the WRC’s jurisdiction. Where AI was used as part of the decision-making process, the AI-related facts may be relevant to the complaint. The appropriate route will depend on the legislation involved and the nature of the alleged breach.

Where a complaint concerns compliance with the EU AI Act, the matter may involve coordination between the WRC, the Irish AI Office, other market surveillance authorities and fundamental rights bodies. The Data Protection Commission may also become involved where there is a data protection aspect.

Any person, including an employee, may make a complaint about an alleged infringement of the EU AI Act to a market surveillance authority or the Irish AI Office using the relevant complaint form.

Workplace inspections and enforcement

The WRC already carries out workplace inspections, including random inspections and inspections arising from complaints or information provided by employees. These inspections currently focus on compliance with employment obligations.

As the new regulatory framework develops, the WRC may begin to use its expanded supervisory and enforcement powers in relation to AI systems used in employment. The WRC has indicated that further clarification will be provided as the roles of the relevant authorities become clearer in practice.

What should employers do now?

The WRC recommends that employers using, or considering using, AI in employment-related decision-making take steps to understand:

• What each system does;
• How the system manages risk;
• What data the system uses; and
• How human oversight is maintained.

Employers should also assess whether their systems could produce unfair or discriminatory outcomes and ensure that individuals receive appropriate information where required.

As a matter of good practice, employers should consider:

• Mapping the use of AI across recruitment, HR, workforce management and employee monitoring;
• Building human oversight, transparency and accountability into decision-making processes;
• Assessing equality, data protection and employment-law risks before deploying an AI system;
• Training relevant staff on the appropriate and responsible use of AI;
• Identifying systems that may be high-risk or prohibited; and
• Reviewing relevant contracts, supplier documentation and system records.

Once the high-risk AI obligations for the relevant Annex III systems apply in December 2027, providers will be required to register those systems in a publicly available database. This should assist employers in assessing whether obligations may apply to AI systems they are considering using in the workplace.

Next steps

To ensure compliance with the Act and the WRC Requirements, Members should: review their current and proposed use of AI now; identify systems that may fall within the high-risk or prohibited categories; and establish appropriate governance arrangements. Building transparency, human oversight and accountability into AI processes at an early stage will help employers manage regulatory, employment-law, equality and data protection risks as the framework develops.