# AI in HR: Use Cases, Risks, and the AI Act after the Digital Omnibus > Properly introducing AI in HR work: evaluating use cases, understanding high-risk classification under the AI Act, deadlines since the Digital Omnibus 2026, clarifying co-determination and data protection. URL: https://techport.ai/en/hr-beratung/strategie-und-planung/ki-im-hr --- 1. [HR Consulting](/en/hr-beratung)/ 2. [Strategy and Planning](/en/hr-beratung/strategie-und-planung)/ 3. AI in HR with Governance [Strategy and Planning](/en/hr-beratung/strategie-und-planung) · Priority topic # AI in HR with Governance By Redaktion techport.ai, HR-Beratung · Last updated on 21 August 2026 AI has long been running in many HR departments, but nobody officially knows it. The recruiter has job advertisements written by a language model, the applicant management provider has activated a ranking feature, and the colleague from payroll asks a chatbot for collective agreement details. This is not misconduct. It is the result of a lack of decisions. The question is not whether AI is used in HR work. The question is whether you know where, with what data, with what control, and with what benefit. ## How to recognise it * There is no list of AI functionalities active in your HR systems. * The provider has switched on a new feature, and the works council noticed it before you did. * Pilot projects are running, but nobody can say what they have achieved. * When asked about the AI Act, IT replies that it is HR's responsibility, and HR says it is IT's responsibility. ## The legal situation since summer 2026 The EU AI Regulation classifies AI systems for recruiting, applicant selection, promotion and termination decisions, task allocation, and performance and behaviour assessment as high-risk. With the Digital Omnibus zur KI (Digital Omnibus on AI), which came into force on 27 July 2026, the obligations for these systems apply only from 2 December 2027. Three things nevertheless apply already: Prohibitions, such as emotion recognition in the workplace, have been in effect since February 2025. Transparency obligations, such as the labelling of chatbots, have been in effect since 2 August 2026. And the co-determination of the Betriebsrat (works council) according to the Betriebsverfassungsgesetz (Works Constitution Act) has nothing to do with the AI Act and applies immediately. For you, this means: the postponement is preparation time, not a reprieve. Anyone operating high-risk systems in December 2027 must be able to demonstrate risk management, documentation, human oversight, and training by then. Nobody builds that in three months. ## Our approach 1. **Inventory.** We record all AI functionalities in your HR systems and in the tools actually used by your employees. The list is usually longer than expected. 2. **Classification.** Each use case receives a risk class according to the AI Act, a data protection assessment, and an evaluation regarding co-determination. This results in a matrix with three columns: continue using, rework, decommission. 3. **Governance.** We define who approves new AI functionalities, what human oversight specifically entails, and what is documented. This is a two-sided process, not a twenty-page policy. 4. **Secure benefits.** For the use cases that remain, we define key performance indicators. An assistant in the HR service desk must measurably reduce tickets, otherwise, it is a gimmick. ## What you gain from it * You can tell the works council, management, and if in doubt, the supervisory authority, what AI you use and why. * The preparation time until December 2027 is utilised, rather than wasted. * AI projects compete for budget with a business case, not with a promise. ## From our projects During AI inventories in HR departments, we regularly find twice as many active AI functionalities as HR management had suspected, most of them activated by the software provider via an update. The second recurring observation: The works council is rarely against AI, but almost always against the way they learned about it. An inventory with risk classification defuses both, and it takes three to four weeks in a medium-sized company. ## Good to know The text of the KI-Verordnung (AI Regulation) is available on [EUR-Lex](https://eur-lex.europa.eu/eli/reg/2024/1689/oj). The changes introduced by Verordnung (EU) 2026/1744 have been summarised by, among others, [KPMG Law](https://www.kpmg-law.at/digital-omnibus-on-ai/). The Bundesnetzagentur (Federal Network Agency) is responsible for market surveillance in Germany. The [Bitkom has published a guideline](https://www.bitkom.org/sites/main/files/2026-02/bitkom-leitfaden-kuenstliche-intelligenz-und-mitbestimmung.pdf) on co-determination in AI. ## Frequently asked questions Is a chatbot for employee queries a high-risk system? Generally not, as long as it provides information and does not make or prepare decisions about individuals. However, it is subject to transparency obligations: users must be able to recognise that they are interacting with a machine. And it is generally subject to co-determination because it generates usage data. What about AI functionalities provided by the software vendor? The vendor bears the vendor obligations. As the operator, you bear the operator obligations, which include human oversight, training of users, and informing affected individuals. You cannot buy out of responsibility. ## Let's talk about AI in HR with Governance In a thirty-minute first call we clarify where your biggest lever is and whether we are the right partner for it. [Book a first call](/en/kontakt)[Our consulting](/en/so-funktionierts) ## Further reading [Co-determination and ComplianceHR Software and Works CouncilsEvery HR system is subject to co-determination, even without an intention to monitor. How to successfully introduce it with the Works Council: early information, framework works agreement, data protection concept, AI clauses.](/en/hr-beratung/mitbestimmung-und-compliance/betriebsrat)[RecruitingSelection and Aptitude DiagnosticsWhy 'gut feeling' in interviews is costly, how structured processes increase the hit rate, what legally applies to AI-supported screening, and how the works council co-determines selection guidelines.](/en/hr-beratung/recruiting/eignungsdiagnostik)[HR Data and SystemsHR Service Desk and Employee Enquiries400 emails per month and no analysis: How an HR Service Desk with ticketing, a knowledge base, self-service, and an AI assistant removes routine from the HR department and makes response times measurable.](/en/hr-beratung/hr-daten-und-systeme/hr-servicedesk)[KnowledgeHR Regulatory RadarWhat applies, what is coming, what to do now.](/en/hr-beratung/regulatorik-radar)[KnowledgeHR GlossaryKey HR terms, briefly explained.](/en/hr-beratung/glossar) Back to the field [Strategy and Planning](/en/hr-beratung/strategie-und-planung) ## Sources * [Verordnung (EU) 2024/1689 (KI-Verordnung), EUR-Lex](https://eur-lex.europa.eu/eli/reg/2024/1689/oj) * [KPMG Law: Digital Omnibus on AI, Verordnung (EU) 2026/1744](https://www.kpmg-law.at/digital-omnibus-on-ai/) * [Bitkom, Guide to Artificial Intelligence and Co-determination (February 2026)](https://www.bitkom.org/sites/main/files/2026-02/bitkom-leitfaden-kuenstliche-intelligenz-und-mitbestimmung.pdf) * [§ 87 Betriebsverfassungsgesetz (Works Constitution Act), Co-determination Rights](https://www.gesetze-im-internet.de/betrvg/__87.html) * [§ 80 Betriebsverfassungsgesetz (Works Constitution Act), General Duties of the Works Council](https://www.gesetze-im-internet.de/betrvg/__80.html) Rt Written by [Redaktion techport.ai](/ueber-uns), HR-Beratung Mehr als 15 Jahre Erfahrung in HR-Prozessen und HR-Systemen, Einführung von HR-Software in mittelständischen Unternehmen, Verhandlung von Betriebsvereinbarungen zu IT-Systemen. This page reflects the position as at the date shown and does not constitute legal advice. For specific questions we work together with your legal advisers. [More about us](/en/ueber-uns) More from techport.ai [ Software Custom process software for mid-sized companies. ](/en/loesungen)[ IT consulting Strategy, architecture, operations and security. ](/en/it-beratung)[ IT maturity check Ten minutes to a clear position. ](/en/it-beratung/reifegrad-check)[ HR maturity check 24 statements, a result per field. ](/en/hr-beratung/reifegrad-check)[ Funding BAFA grant plus more than 50 programmes for delivery. ](/en/foerderung)[ Process in practice How workflows become reliable software. ](/en/sop-praxis)[ Data and AI Analysis, forecasts and assistance systems. ](/en/daten-ki)[ About us The people behind techport.ai. ](/en/ueber-uns)