Stop the prohibited use: What is the correct governance response?
Once the stated legal analysis places the employment-screening use within an Article 5 prohibition, notice and consent cannot authorize deployment.
The question
Assume the EU AI Act applies to an employment-screening system, and legal review has already determined that the proposed use falls within a prohibited practice under Article 5. The vendor offers a prominent applicant notice and records consent. What is the correct governance response?
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- Use the system only for applicants who consent individually.Individual consent does not override the stated prohibition, whose legal effect is independent of an applicant’s agreement.
- Stop the prohibited use. ✓A notice or consent record does not make a practice permissible when the stated legal review places that use within Article 5’s prohibition.
- Deploy after publishing the notice prominently.Transparency may be required in other contexts, but disclosure does not legalize a use already determined to be prohibited.
- Complete conformity assessment before deciding whether deployment may continue.Conformity processes do not authorize prohibited practices and cannot replace the stated Article 5 determination.
The trap
A notice can satisfy a transparency duty without curing a separate prohibition; analyze those questions independently. How to remember it
Once the stated legal analysis places the employment-screening use within an Article 5 prohibition, notice and consent cannot authorize deployment.
How many of these would you get right?
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