Netherlands: Closed consultation on DPA guidance on use of AI systems for emotion recognition in the workplace or educational institutions

On 17 December 2024, the Dutch Data Protection Authority (DPA) closes its consultation on guidance on the EU Artificial Intelligence (AI) Act's prohibitions of the use of AI systems with emotion recognition in the workplace or in educational institutions. The consultation findings will inform guidelines to interpret these prohibitions and oversee compliance. The AI Act, in force since 1 August 2024, will prohibit certain AI systems deemed to be posing an unacceptable risk from 2 February 2025 onwards. The DPA is considered a "supervisor" of the AI Act and is therefore responsible for overseeing its compliance. The DPA is responsible for setting out criteria for the application of these prohibitions, which include the use of AI systems for emotion recognition in the workplace or at educational institutions. The DPA thus provides definitions of different elements and criteria for these prohibitions.