The European Commission is consulting on draft guidance that will shape how high-risk AI systems are classified under the EU AI Act. For the assessment community, the outcome matters because it will influence how AI can be developed and deployed across qualification design, delivery and quality assurance.
The e-Assessment Association (eAA) has submitted its response to the consultation, drawing on practical experience from across education, professional certification and workforce assessment.
Our central message is straightforward: AI in assessment is not a single use case.
Today, AI is being used throughout the assessment lifecycle. It can support assessment design, generate draft questions, improve accessibility, identify anomalies in marking, assist moderation, strengthen quality assurance and help maintain assessment security. In other cases, AI may contribute directly to evaluating learner performance or supporting decisions that affect educational progression.
These applications do not all present the same level of risk.
Where AI materially influences learner outcomes or progression decisions, strong safeguards are essential. However, regulation should also recognise the important distinction between AI systems that make decisions and those that support assessment professionals.
Assessment already has strong governance
One of the unique characteristics of regulated assessment is the level of governance already embedded within assessment systems.
Before results are issued, assessments are subject to multiple layers of quality assurance, including examiner training, moderation, psychometric validation, statistical monitoring, standard setting, audit trails and appeals processes. These controls exist regardless of whether AI is used.
As AI becomes part of assessment delivery, these governance arrangements remain central. In practice, successful AI implementations are characterised not by replacing human judgement, but by strengthening consistency, identifying issues for review and supporting better decision making.
Moving beyond the AI debate
Internationally, the conversation is changing. Organisations are increasingly moving beyond asking whether AI should be used towards understanding where it can improve quality, accessibility, efficiency and consistency while maintaining fairness and public confidence.
The International e-Assessment Award entries consistently highlight examples of AI supporting marking, assessment development and quality assurance through carefully governed implementations that retain meaningful human oversight. Similarly, discussions at the eAA's 2026 National Examinations Roundtable demonstrated broad agreement that the future lies in responsible implementation supported by evidence rather than speculation.
Better examples will improve better regulation
The eAA's response encourages the European Commission to include more practical assessment examples within its guidance. Clearer examples will help distinguish between:
Recognising these differences will help regulators focus oversight where risk is greatest while enabling responsible innovation in lower-risk applications that can improve assessment quality and the learner experience.
Building regulation on evidence
The AI Act will play an important role in shaping the future use of AI across Europe.
As guidance develops, it should continue to be informed by operational evidence from organisations already delivering digital assessment at scale. Practical experience from awarding organisations, educational institutions, professional bodies, employers, researchers and technology providers will be essential to ensuring regulation remains proportionate, effective and capable of supporting innovation.
The eAA will continue to contribute that evidence through its research, Special Interest Groups and international community, helping ensure that the future of AI in assessment is shaped by real-world experience as well as policy.
About the consultation
The European Commission is consulting on draft Guidelines for the classification of high-risk AI systems under Article 6 of the EU AI Act. The consultation considers how AI systems should be classified across a range of sectors, including education and vocational training, and how the guidance can best support consistent implementation across Member States.
About the eAA
The e-Assessment Association (eAA) is the global professional membership body dedicated to advancing the use of technology in assessment. Bringing together awarding organisations, educational institutions, professional bodies, employers, technology providers, researchers and independent experts, the eAA provides a trusted forum for collaboration, knowledge sharing and innovation across education, professional certification and workplace assessment.
The Association supports the development of high-quality, fair and accessible digital assessment through research, best practice, Special Interest Groups, international conferences, webinars and the annual International e-Assessment Awards. By connecting expertise from across the sector, the eAA helps shape the future of assessment and promotes the responsible adoption of technologies, including artificial intelligence, to improve outcomes for learners and assessment providers worldwide.
Individuals can join the eAA for free. Find out more here: www.e-assessment.com/membership
Join the global community advancing e-assessment through innovation, research, and collaboration.
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