Applies toEUDE

High-Risk AI (Annex III)

AI systems under Annex III of the EU AI Act — obligations from 2 December 2027 (Regulation (EU) 2026/1744 (Digital Omnibus AI), in force since 27 July 2026)

TL;DR

High-risk AI under Annex III AI Act refers to AI systems in 8 domains: biometric identification, critical infrastructure, education, employment/HR, essential private and public services, law enforcement, migration, administration of justice. The obligations of Chapter III, Sections 1–3 apply to Annex III systems from 2 December 2027 — the postponement is applicable law through Regulation (EU) 2026/1744 (Digital Omnibus AI), in force since 27 July 2026; the general date of application of 2 August 2026 (including Art. 50) remains unchanged.

What is high-risk AI (Annex III)?

The 8 high-risk domains under Annex III:

  1. Biometric identification and categorisation
  2. Critical infrastructure (transport, water, gas, electricity)
  3. Education and vocational training
  4. Employment, workforce management (recruitment, performance, promotion)
  5. Essential private and public services (credit scoring, insurance scoring, emergency triage)
  6. Law enforcement
  7. Migration, asylum, border control
  8. Administration of justice and democratic processes

Providers and deployers have different obligations. Providers: the full set (Art. 9-15, QMS, conformity assessment). Deployers: use in accordance with the intended purpose, checking the relevance of input data, logs, FRIA where applicable (Art. 27).

Practical example

Examples of high risk under Annex III no. 4(a) (recruitment):

  • HR screening tool that analyses applicants' CVs
  • Algorithm for predicting employee performance
  • AI system for promotion recommendations

The reversal of the burden of proof under § 22 of the German General Equal Treatment Act (AGG) applies where there are indications of algorithmic discrimination, irrespective of the AI Act deadline; AGG damages are typically 1–3 gross monthly salaries per claimant (§ 15 AGG).

Frequently asked questions

When is HR AI high risk?
In practice almost always, where it is used for the selection, assessment or promotion of employees. Obligation: full Annex III compliance from 2 December 2027 (Art. 113(3)(c)(i) AI Act as amended by Regulation (EU) 2026/1744, in force since 27 July 2026).
What does 'essential private/public services' mean?
Annex III no. 5: creditworthiness assessment, life and health insurance scoring, emergency triage. Not covered: simple booking algorithms or invoice automation.
Is a 'simple statistical analysis' enough?
No, as soon as there is a learning element. Classic linear regression: not AI. Reinforcement learning: AI.

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, please consult an admitted lawyer.