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人工智能工具:招聘行业的尽职调查指南

2026-07-14 翰宇国际律师事务所 EMJENNNY
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A Due Diligence Guidefor the recruitment sector FOREWORD Artificial intelligence is transforming the recruitmentindustry. From candidate sourcing and CV screening toskills matching and workforce analytics, AI tools arehelping organisations improve efficiency and make fasterhiring decisions. However, alongside these opportunitiescome important legal, ethical and operational risks thatcannot be overlooked. J A C K YC A R T E R As AI becomes more deeply embedded in recruitment processes,organisations must ensure they understand how these tools operate,what data they rely on, and whether they comply with evolvingethical, legal, and regulatory requirements. The responsibility formanaging these risks ultimately sits with the organisation using thetechnology, and not the vendor providing it. PrincipalThe Satori PartnershipT +61409452244E jacky@thesatoripartnership.com This guide has been developed through a collaboration between TheSatori Partnership and Squire Patton Boggs. The Satori Partnershipbrings extensive experience advising recruitment organisations ontechnology, transformation and operational excellence, while SquirePatton Boggs is a global law firm with deep expertise in data privacy,cybersecurity, technology regulation and AI governance, including inrelation to how these areas intersect with labour and employmentlaw. The guide is co-authored by Jacky Carter, Principal at The SatoriPartnership, and Tanvi Mehta Krensel, Partner in the Data Privacy andCybersecurity practice at Squire Patton Boggs. Tanvi regularlyadvises organisations on privacy compliance, cybersecurity,governance and the legal implications of emerging technologies,helping businesses innovate while managing regulatory risk.Meanwhile, Nicola Martin advises on all employment law AI-relatedcontractual protections and polices and the intersection between AIand HR issues, including compliance with anti-discrimination laws.Both Tanvi and Nicola can support businesses in establishingappropriate human oversight of AI-assisted hiring decisions. N I C O L AM A R T I N Partner, Labour & EmploymentSquire Patton BoggsT +61 2 8248 7836Enicola.martin@squirepb.com The purpose of this report is to help recruitment organisations askthe right questions when evaluating AI tools. It provides a practicaldue diligence framework covering transparency, bias and ethics,privacy compliance, candidate obligations and vendor accountability.By taking a structured approach to AI procurement, organisationscan better protect themselves from legal, regulatory and reputationalrisk while maximising the value of their technology investments. T A N V IM E H T A K R E N S E L We encourage you to use this guide as a practical resource formaking informed decisions about AI adoption. The organisations thatwill benefit most from AI are those that embrace innovationresponsibly, with specific use cases, strong governance and a clearunderstanding of the risks involved. Partner, Data Privacy & CybersecuritySquire Patton BoggsT +61 2 8248 7810Etanvi.mehtakrensel@squirepb.com We invite you to explore the guidance that follows and use it as aframework for building a more effective, compliant andtrustworthy approach to AI in recruitment. P R O T E C T I N GY O U R B U S I N E S S AI is reshaping recruitment.CV screening, candidate matching, predictive attrition, interviewscheduling — vendors are pitching solutions that promise to cut costs and accelerate time-to-fill. Butfor every tool that delivers, many do not. And in recruitment, the cost of getting it wrong extendsbeyond wasted budget to regulatory exposure, reputational damage, and real harm to the candidatesyou are supposed to serve. However, there are some phenomenal tools out there that will help drivegrowth & efficiency but selecting the right partner to invest in demands a complex procurement anddecision-making process. The purpose of this guide is to arm you with the questions that will help support you through thatprocess, with emphasis on protecting your business. The legal and regulatory risk in AI procurementsits primarily with you as the buyer, not the vendor and contracts will not protect you if theunderlying tool creates discriminatory outcomes under anti-discrimination legislation or breachesdata legislation as outlined in Australia’s Privacy Act or GDPR for example. This isn’t set and forget. New regulations and guidelines regarding the ethical use of AI are constantlyemerging, so applying this level of rigour to your procurement process will enable you to monitorongoing compliance of your tools and technologies with emerging law and standards. Before we dive in though, some thoughts to align on to ensure you’re set up for success: TRANSPARENCY Can you and your teams explain what’shappening through the process? Can the vendor explain in plain language how the AI scores/ranks candidates?Specifically, what personal data is processed and how it influences candidatescores or rankings? If not, how will