Germany: AI in Recruiting – What do companies need to consider?

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Warwick Legal Network
11 dubna, 2024


What problems can arise and what is recommended?

In the context of the recruiting process, employers must avoid discrimination that could arise on the basis of certain characteristics (cf. § 2 para. 1 no. 1 AGG). This is especially true when AI-based recruiting tools are used. In addition to the AGG, companies must comply with the central requirements of the GDPR, the Works Constitution Act and the new AI Regulation. In particular, Article 6(2) of Annex III classifies AI systems used for recruiting purposes as high-risk. In this respect, the obligations arising from this must be observed.

To Dos:

Regular testing of the tool itself as well as its data basis
Document the proportionality test to be carried out particularly carefully and transparently
If there is a works council in the company, the rights of the works council under the Works Constitution Act must also be observed
In the event that personal data is processed in the context of AI-based recruiting tools, a legal basis is required for this
Pay attention to proximity to the actual selection decision, namely the invitation to a personal interview
Risk management system within the meaning of Art. 9 of the AI Regulation
Comply with quality requirements in accordance with Art. 10 para. 3 of the AI Regulation, design obligations in accordance with Art. 13 of the CI Regulation
Internal Compliance Procedure
Keep generated usage logs in accordance with Art. 16 lit. d KI-VO


In the end, however, it always depends on the specific individual case, the specific AI system and the extent of the data processed. However, with the entry into force of the AI Regulation, the fulfilment of the data protection and labour law obligations described above will tend to be easier for companies with their auditing and transparency obligations.


For further information, please contact:

Wolfgang Schmid, Partner



t: +49 (0)1728 30 33 54


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