Netherlands: Data Protection Authority adopted report on systemic risks and discriminatory use of artificial intelligence and algorithmic systems

On 5 March 2026, the Data Protection Authority published a report on AI algorithms addressing algorithmic governance, systemic risks, and the use of AI in recruitment and selection in the Netherlands. The report applies to providers and deployers of AI systems, employers, online job platforms, and public sector organisations, with reference to high-risk AI systems under the EU AI Act. It describes the use of AI across recruitment stages, including job posting, candidate matching, CV screening, and candidate assessment, and notes that risks related to bias may arise across these stages. It also reports differences in the level of information provided to employers and candidates in assessment tools, with reference to requirements under the General Data Protection Regulation and transparency-related provisions under the AI Act. The report refers to expectations for providers regarding AI Act requirements on accuracy, non-discrimination, and explainability, and notes that employers should assess the use of such tools and ensure AI literacy among personnel. It further identifies observations related to algorithm registration by public bodies, public sector use of AI systems, protections for children in AI applications, and risks associated with agentic AI. It also outlines planned work on Digital Services Act transparency compliance for job platforms and ongoing guidance on AI Act implementation.