Law and AI in Hiring: Lessons from the EU on Reconceptualizing Risks and Rights

Abstract

Artificial intelligence (AI) is increasingly used to streamline hiring procedures, but it raises concerns about transparency and discrimination. The European Union (EU)’s Artificial Intelligence Act (AIA) is the first broad attempt to regulate AI, using a tiered approach based on levels of risk. This article asks whether and to what extent such an approach can adequately protect job applicants’ fundamental rights. Focusing on the EU as a global reference point, it shows how connecting risk management with rights protection can make regulation more effective. The authors argue that involving affected groups through stakeholder-driven standardization, fundamental rights impact assessments, and co-determination can turn compliance from a box-ticking exercise into meaningful accountability. Placing the AIA within the broader contexts of data protection, equality, and product safety law, the article offers practical lessons for jurisdictions worldwide seeking to align technological innovation with fundamental rights protection.