For questions, email legal@botbrains.io. This page explains how botBrains assesses these uses and doesn’t replace legal advice.
What you can do
Customer, procedure, or employee
Ask what the result describes. Results about customers, procedures, or your AI agent are fine. A result that judges how well a person works is an employee evaluation.
The test is whether you evaluate the company’s procedure or how well a person follows or explains it. “30% of requests are about delivery delays” analyzes customer issues. “Anna follows the guidelines in 82% of her tickets” evaluates Anna. Comparing sentiment, quality scores, or policy failures by employee crosses the same line.
That’s why scoring conversations your AI agent wasn’t involved in is difficult. Only a person answered in those conversations, so a scorecard or monitor that judges the quality of the answer evaluates that person, even without an employee profile. Attributes with the fill mode On demand or After the conversation, monitors with flag criteria, and scorecards built on such attributes all let the AI make that judgment.
AI evaluation of employees is high-risk
Where the EU AI Act applies, AI that monitors or evaluates the performance or behavior of workers is high-risk under Art. 6(2) and Annex III, point 4(b). This covers employees and contractors, and it doesn’t take an automated decision about pay, promotion, or termination. This evaluation is profiling of people (Art. 3(52)), so the exceptions in Art. 6(3) don’t apply. The classification stays the same when a person checks the result or when you call it coaching. Adding a manual item to an AI scorecard doesn’t change it either, and neither does hiding names while tickets, timestamps, or shift plans still identify the employee. So don’t use AI attributes, monitors, or scorecards built on AI attributes to evaluate or compare individual employees, to pick them for coaching, or to prepare HR decisions.Why AI employee evaluation is currently not allowed
botBrains doesn’t offer Insights or ServiceLens as a high-risk AI system. For employee evaluation, botBrains hasn’t carried out a conformity assessment, set up a quality management system under Art. 17, drawn up technical documentation under Annex IV, issued an EU declaration of conformity, affixed CE marking, or registered the system in the EU database. A person reviewing the results doesn’t close that gap. Under § 11 of the Terms of Service, any high-risk use requires a prior written agreement with botBrains. If you’re interested in a high-risk use case, contact legal@botbrains.io before you configure anything. This restriction applies regardless of when the high-risk requirements of the EU AI Act take effect.Customers outside the EU
The EU AI Act can also apply to companies outside the EU, for example when someone in the EU uses the AI results or the results affect people there (Art. 2). Assess the actual deployment, not only where your company or your employees are. The restriction on AI employee evaluation applies to every botBrains customer, whatever that assessment shows.Fines and deadlines
The higher of the two amounts sets the limit. Under the AI Act, small and medium-sized companies and start-ups face the lower one (Art. 99(6)).
The prohibitions in Art. 5 apply since February 2, 2025, and fines for them since August 2, 2025. The obligations for high-risk AI systems listed in Annex III, which includes employee evaluation, apply from December 2, 2027. The Digital Omnibus on AI moved this date from August 2, 2026 (Regulation (EU) 2026/1744). The GDPR has applied since May 2018, so data protection fines are possible today. botBrains’ restriction on AI employee evaluation also applies today, whatever the AI Act dates.
Data protection authorities already fine employee monitoring. The Hamburg authority fined H&M €35.3 million in 2020 for recording details of employees’ private lives, such as illnesses and family issues (EDPB). The French data protection authority fined Amazon’s French logistics company €32 million for tracking warehouse staff’s activity through their scanners (CNIL). In December 2025, France’s highest administrative court reduced that fine to €15 million (decision 492830).