Die Verwendung von Algorithmen im Einstellungsverfahren

The use of algorithms in the recruitment process raises issues in relation to the GDPR, the German General Equal Treatment Law (AGG) and the AI-Act. Concerning data protection law, the focus lies on the prohibition of automated decisions (Art. 22), the right to information (Art. 15), the right to compensation (Art. 82) and fines (Art. 83). Employers may be liable for damages and compensation for discriminatory decisions in accordance with § 15 I, II AGG. Transparency regulations under data protection law can help applicants to prove this, as can the right to an explanation of the decision-making process in individual cases under Art. 86 of the AI-Act. Algorithmbased systems can be considered "high-risk-AI systems" within the meaning of the AI-Act and give rise to further obligations for employers.