The European Commission has opened a targeted consultation on the draft guidelines for the classification of high-risk artificial intelligence systems intended to support providers, deployers and competent market surveillance authorities in assessing whether an AI system should be classified as high-risk.
The consultation closes on 23 July 2026.
For organisations involved in assessment, education, certification, recruitment and workforce credentialing, this is an important development. The draft guidance is intended to help providers and deployers of AI systems assess whether a system should be classified as high-risk and how the AI Act should be interpreted in practice.
This matters because many current and emerging uses of AI in assessment sit close to areas identified in the Act. These include systems used to evaluate learning outcomes, support admission or access decisions, monitor prohibited behaviour during tests, assess candidates for recruitment, or evaluate performance in employment contexts.
Not every use of AI in assessment will automatically be high-risk. For example, AI used for administrative support, content drafting or internal workflow improvement may raise different questions from AI used to make or support decisions about learners, candidates or workers. The significance of the Commission’s draft guidelines is that they aim to clarify these boundaries through practical examples.
For the assessment community, the consultation is therefore more than a regulatory exercise. It is an opportunity to bring real-world evidence into the discussion: how AI is being used, where human oversight sits, what safeguards are already in place, and where clearer guidance is needed.
Assessment organisations may wish to consider whether the draft examples reflect the realities of digital assessment, including item generation, marking and moderation, online proctoring, accessibility support, analytics and candidate feedback. Technology providers, awarding organisations, education bodies and employers all have practical experience that could help ensure the final guidance is clear, proportionate and workable.
As AI adoption grows, the question is no longer simply whether AI can support assessment. It is how AI can be governed in ways that protect fairness, transparency, validity and trust. The Commission’s consultation provides a timely opportunity for the sector to help shape that conversation.
Find out more about the consultation here.
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