Using an AI system to recognise employee emotions
Using AI to recognise employees’ emotions in the workplace is generally prohibited where the system infers emotions from biometric data. The exception applies to medical or safety reasons, not ordinary monitoring of mood or performance. The article explains how to distinguish prohibited emotion recognition from other monitoring practices and what legal risks employers face when deploying such technology.
Regulation of AI in the European Union
On the other hand, the AI Act explicitly states that such an emotion recognition system does not mean a system that recognizes physical conditions such as pain or fatigue, including, for example, systems used to detect the fatigue state of professional pilots or drivers for the purpose of preventing accidents. Nor is the mere detection of readily visible expressions, gestures or movements prohibited if they are not used to detect or infer emotions. Such expressions may be basic facial expressions such as a frown or smile, or gestures such as hand, arm or head movements, or characteristics of the person's voice such as a raised voice or whisper.
Practical implications for businesses
For companies considering the use of an AI system, for example, to analyse CCTV footage from workplaces
(more on the use of workplace cameras here https://www.arws.cz/novinky-v-arrows/kamery-na-pracovistich-na-co-si-dat-pozor), this means that they should carefully consider the risks and ensure that they use these technologies in accordance with the rules set out by the AI Act.
The use of AI systems to monitor employees inherently presents a significant challenge
in the context of protecting the privacy and rights of employees. Companies should therefore be cautious when implementing such technologies to ensure compliance with the new rules and to avoid potentially high penalties, which the AI Act provides for in this case up to EUR 35,000,000 or up to 7% of the company's total worldwide annual turnover in the previous financial year.
About the author
Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.