European UnionAI Act, Article 26(7) (informing workers before workplace use)
Regulation (EU) 2024/1689, Article 26(7)
An AI risk obligations rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Place of effect
- Obligation class
- Disclosure
- Audit expectation
- none
What it requires
- This duty takes effect on for a high-risk AI system classified under Article 6(2) and Annex III, and on for one classified under Article 6(1) and Annex I, other than a system related to a product covered by the Union harmonisation legislation listed in Section B of Annex I, to which, under Article 2(2), only Article 6(1), Article 60a and Articles 102 to 112 apply, and Articles 57, 58 and 59 apply only in so far as the requirements for high-risk AI systems under this Regulation have been integrated in that Union harmonisation legislation; a system already placed on the market or put into service before its date is reached only once its design changes significantly, or by if it is intended for use by public authorities.
- If you are an employer deploying a high-risk AI system at the workplace, inform workers' representatives and the affected workers that they will be subject to its use, before putting the system into service or using it.
- Follow the rules and procedures Union and national law and practice already set for informing workers and their representatives, where applicable.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- NIST AI 600-1
- GAI-RISK-07Human-AI Configuration
- GAI-RISK-08Information Integrity
- MIT mitigations Draft
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Private right of actionNo
Penalty structure
Article 99(4)(e): non-compliance with the obligations of deployers under Article 26 is fined up to EUR 15,000,000 or 3% of worldwide annual turnover, whichever is higher. Article 99(6) requires the lower of the two amounts for an SME, including a start-up; Article 99(6a), inserted by Regulation (EU) 2026/1744, gives the same lower-of treatment to a small mid-cap enterprise, since both apply to paragraph 4 fines.
- Rule
- Lower of for SME
- As of
- Currency
- EUR
- Fixed cap
- 15,000,000
- Turnover percentage cap
- 3
Who enforces it
Settledness
- As of
- Open questions
- Does Article 26(7), which binds 'deployers who are employers', reach a deployer that uses a high-risk AI system on persons who work for it through a platform or contractor arrangement and are not its employees?
- What does Article 26(7) require of an employer in a Member State whose law and practice has no rule on informing workers' representatives, when the information is to be provided 'where applicable, in accordance with the rules and procedures laid down in Union and national law and practice'?
What it makes you log
Logging duty
Article 26(7) requires an employer-deployer to inform workers' representatives and affected workers before workplace use; it names no record of that notification.
- Kind
- None
- As of
Also on the record
EEA status
- Status
- Pending
- Source link
- https://www.efta.int/eea-lex/32024r1689
What this law does
Before putting into service or using a high-risk AI system at the workplace, a deployer that is an employer must inform workers' representatives and the affected workers that they will be subject to the use of the high-risk AI system, following, where applicable, the rules and procedures on informing workers and their representatives that Union and national law and practice already lay down.
The duty reaches, but is not limited to, the Annex III point 4 high-risk employment use cases (recruitment, evaluation of candidates, and decisions on the terms, promotion or termination of a work-related relationship).
Article 26 sits in Chapter III, Section 3, so it takes effect on the schedule the Digital Omnibus on AI (Regulation (EU) 2026/1744, in force since ) wrote into Article 113: for a system classified as high-risk under Article 6(2) and Annex III, and for one classified under Article 6(1) and Annex I. Under Article 111(2), as the Digital Omnibus on AI rewrote it, the Regulation reaches the operators of a high-risk AI system placed on the market or put into service before the date Chapter III applies only if, from that date, the system's design changes significantly; in any case, the providers and deployers of a high-risk AI system intended to be used by public authorities must take the necessary steps to comply with the Regulation's requirements and obligations by .
Article 26(7) does not apply to a high-risk AI system related to a product covered by the Union harmonisation legislation listed in Section B of Annex I, to which, under Article 2(2), only Article 6(1), Article 60a and Articles 102 to 112 apply, and Articles 57, 58 and 59 apply only in so far as the requirements for high-risk AI systems under this Regulation have been integrated in that Union harmonisation legislation.
When LexLint raises it
When your app profile says your app makes employment decisions.
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