Do I have to tell employees that we use AI tools?

If a tool processes personal data about staff or applicants, GDPR Articles 13 and 14 already require you to tell them what is processed, why and on what basis. For high-risk uses under the EU AI Act, such as AI that filters CVs or rates staff performance, Article 26(7) adds a duty to inform workers' representatives and affected workers before the system is used at work, from 2 December 2027.

Does a staff notice cover ChatGPT used to write emails?

Tools that staff use as writing aids and that do not make or shape decisions about people are not high-risk. A short line in your staff AI use policy is usually enough. The notice in this guide is for tools that select, score, schedule, monitor or decide about people.

Is emotion recognition of employees allowed?

No. AI that infers the emotions of people in the workplace is a prohibited practice under Article 5(1)(f) of the EU AI Act since 2 February 2025, except for medical or safety reasons.

Telling staff and job applicants about AI at work: a notice template for small EU employers (2026)

Updated 14 Oct 2026 · Disclosure: the EURO AI Register mentioned below is an Unadhi product with a free edition. This guide is for information only, not legal advice.

What you get: a finished one-page AI at work notice for each tool that touches staff or job applicants, and a short dated record of when and how you gave it. Fill it in once per tool, hand it out or put it on your careers page, and file the record. GDPR transparency already applies today. If a tool is high-risk under the EU AI Act (for example it filters CVs, ranks candidates or rates staff), Article 26(7) also requires you to inform workers' representatives and affected workers before you use it at work, from 2 December 2027.

Which tools need a notice

Tool and use	Notice needed?	Why
ChatGPT or Copilot used by staff to draft emails and documents	Usually no separate notice	No decision about people; cover it in your staff AI use policy
Applicant-tracking system that scores, ranks or filters CVs	Yes, to applicants and (from 2 Dec 2027) workers' representatives	Personal data (GDPR Arts. 13/14) and high-risk under Annex III point 4
Chatbot that pre-screens job applicants	Yes	People must be told they are talking to AI (Art. 50(1), since 2 August 2026), plus GDPR; high-risk if it filters or evaluates
Shift-planning tool that allocates tasks based on individual behaviour or traits	Yes	Annex III point 4(b); GDPR
Productivity or monitoring software that rates employees	Yes	Annex III point 4(b) and profiling; national labour law may also require consultation first
Camera or call software that reads employees' emotions	Do not use it	Prohibited at work since 2 February 2025 (Art. 5(1)(f)), except for medical or safety reasons

Not sure if a tool is high-risk? Run the 10-minute Annex III check first.

The notice template (copy and fill in)

AI at work notice: [tool name] · Version [1] · Date [dd/mm/yyyy]

What we use it for: [one sentence, e.g. "to sort applications for sales roles into those that meet the minimum requirements in the job ad"].
Who it affects: [job applicants for … / all warehouse staff / the sales team].
What information it uses: [CV and cover letter / shift history / call duration]. It does not use: [e.g. photos, age, health data].
What it produces: [a shortlist / a score from 1 to 5 / a draft rota].
Who decides: a named role, not the tool, makes the final decision: [Head of Sales reads every shortlisted and rejected application].
Provider: [vendor name, product]. We use it as the provider's instructions describe.
How long we keep the data and logs: [e.g. applications 6 months after the role is filled; system logs at least 6 months].
Your rights: you can ask what data we hold, ask a person to review a decision, object, and complain to the data protection authority. If a decision is made only by automated means with legal or similarly significant effects, you can ask for human intervention (GDPR Art. 22).
Who to ask: [role and email address].

Keep it to one page and in the language your staff and applicants read. If you have a works council or staff representatives, share the draft with them first.

The record that proves you told them

Tool	Notice version	Given to	How	Date	Representatives informed (date)	Next review
[ATS name]	1	All applicants	Careers page + application form link	[date]	[date or "none in firm"]	[date + 12 months, or on any change]
[Rota tool]	1	Warehouse staff	Email + noticeboard	[date]	[date]	[date]

Update the notice and add a new row whenever the use, the data or the vendor changes.

Checklist before you switch the tool on

The tool and its one-sentence use are in your AI inventory (SME AI inventory template)
Annex III result written down with the date (Annex III check)
Vendor's instructions for use on file and the person giving human oversight named (12 vendor questions)
Privacy notice for staff and applicants updated; check with your data protection contact whether a DPIA is needed (GDPR Art. 35)
Workers' representatives informed, and any national consultation or co-determination rule checked
Staff who run the tool have had AI-literacy training (Art. 4, since 2 February 2025): Article 4 for small business
If it is a chatbot talking to applicants, it says it is AI at the start (Article 50 checklist)
Logs kept for at least six months for high-risk systems (record-keeping guide)

For high-risk uses from 2 December 2027

As the user (deployer) of a high-risk system, Article 26(11) also asks you to tell people that a high-risk system is used in decisions about them, and Article 86 gives a person affected by such a decision the right to a clear explanation of the system's role. A completed notice above already answers most of what they will ask.

This template is a starting point, not a legal opinion or proof of compliance. Labour and data protection rules differ by country; for hiring, monitoring or dismissal decisions get specialist advice. Spot an error in this guide? Write to mininglife7@gmail.com.

For accountants and tax advisers

Payroll and HR clients are the ones most likely to have a tool in Annex III point 4. Ask "does any software choose, score, schedule or monitor your staff or applicants?", note the answer with a date, and point the yes cases to this template. The client AI inventory workshop shows how to fit it into the year-end pack. Stay inside your professional rules and pass legal questions to a lawyer.

Keep the notices with your AI register

The EURO AI Register free edition runs in your browser with no account and no upload. It covers your first 10 AI systems and 10 evidence records, the screening questions, duties by role with dates, and a printable Article 4 AI-literacy record. Add each tool, its Annex III result, and the date you gave the notice as an evidence record.

When you need more than 10 systems, the EURO AI Register membership starts at $19 a month and adds unlimited systems, rule updates and email help. Neither tool is legal advice or proof of compliance.

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Sources

Regulation (EU) 2024/1689 (AI Act): Articles 4, 5(1)(f), 6, 26(7), 26(11), 50, 86 and Annex III point 4
Regulation (EU) 2026/1744 (Digital Omnibus on AI): amended application dates
European Commission: AI Act regulatory framework
Regulation (EU) 2016/679 (GDPR): Articles 13, 14, 22 and 35

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Unadhi Guides are free, independent explainers. We correct errors as soon as we find them: write to mininglife7@gmail.com.