Jobseekers know your rights in the age of AI hiring

AI is playing a bigger role in hiring, but laws protect you. Here is what you need to know.

Europe needs top talent, and employers want high-quality hires – the best person for the job – quickly and in a cost-efficient way. So, given this urgency, it’s no surprise that more and more companies are using AI in their hiring processes. From CV screening to interviews, AI can streamline each stage, reduce hiring times and make the whole process more cost-effective. 

But there’s a downside to AI-driven recruitment, as a recent Instagram post highlighted. It describes how a jobseeker from Vienna felt ‘dehumanized’ by an AI interview. 

The EU takes AI action

This concern isn’t limited to Austria, which is why the EU AI Act classifies using AI in employment decisions as ‘high-risk’. Given the growing AI adoption in HR by businesses across the globe (39 % by the end of 2025), the AI Act addresses risks by introducing rules that help make its use more transparent and accountable. 

Under the AI Act:

• No AI tool can make final hiring decisions without a qualified human in the loop. 
• Using AI to infer emotions, stress levels or personality traits and assign people numerical scores is banned.
• Starting 2 August 2026, companies using AI tools for hiring, evaluating performance or other employment decisions must check regularly for safety risks and bias, keep detailed technical records, ensure human oversight and transparency, and continuously monitor their systems.
• Obligations apply not only to the providers of these AI systems, but also the businesses that use them.
• These rules even apply to non-EU companies, if their AI system is used or affects people in the EU.

As for the Viennese candidate, here’s what went wrong during the AI interview process:

• It repeatedly interrupted the interviewee, jumped to the next question and moved on even when asked to go back.
• If the jobseeker paused even briefly during a response, it sometimes took it for a complete reply.
• There were errors in the interview transcript.
• Instead of answering the applicant’s questions, the AI just recited the company’s ‘About Us’ page.

Only about one in four companies had begun to prepare for the EU AI Act’s strict requirements for high-risk AI systems. As AI becomes increasingly common in recruitment, it is therefore important to remember that you have the right to:

• be informed beforehand on its use and the role it plays in the company’s hiring decision;
• ask that a human reviews the hiring decision; 
• not to have your facial expressions, voice tone or body language analysed by AI during an interview; and
• know what data is being collected and, in many cases, to have it deleted once the hiring process is over. 

In an increasingly AI-driven labour market, EURES continues to offer human support through its network of trained advisers, who can provide information and guidance on practical, legal and administrative matters related to living and working across Europe. 

In the meantime, online interviews are here to stay, so gear up for that final step by reading up on some tips for tackling remote interviews.
 

Related links

‘Daily Austrian News’ Instagram post

EU AI Act

The State of AI in HR 2026

AI Hiring Tools at Risk: 6 Critical EU AI Act Compliance Steps Every HR Leader Must Take (2026)

Chat with EURES Advisers

The new ‘rules’ of the remote interview

Read more 

European Job Days

Find EURES Advisers

Living and working conditions in EURES countries

EURES Jobs Database

EURES services for employers

EURES Events Calendar 

Upcoming Online Events

EURES on Facebook

EURES on Twitter

EURES on LinkedIn

Share this article: