Is AI-based proctoring a high-risk system under the EU AI Act?

It depends on the specific use. AI systems used in education to evaluate student performance are listed in Annex III of the EU AI Act as high-risk systems. Proctoring that analyzes student behavior to determine whether fraud exists falls in this category. Klarway treats this system as high risk and applies the corresponding requirements.

What obligations does the high-risk classification create?

High-risk AI systems must: (1) have documented risk management, (2) use quality training data with documented governance, (3) maintain technical documentation, (4) have effective human oversight, (5) have documented accuracy, robustness and cybersecurity levels, and (6) register in the EU database when in service. Klarway is actively working on compliance with these requirements.

How does Klarway ensure human oversight of AI decisions?

Human oversight is a design principle of Klarway: the AI detects and reports anomalies, but never makes academic decisions. The institution's academic team always reviews the report before acting on an incident. There is no automatic academic sanction mechanism derived directly from the AI system.

When does the EU AI Act take effect for systems like Klarway?

The EU AI Regulation (EU 2024/1689) entered into force in August 2024. High-risk AI systems listed in Annex III have a transition period until August 2026 to comply with all requirements. Klarway is adapting its technical documentation, risk management processes and human oversight mechanisms to comply before that date.

Do the prohibited AI systems include any proctoring use?

Art. 5 of the EU AI Act prohibits certain AI uses, including systems for evaluating or classifying natural persons based on social behavior ('social scoring') and real-time remote biometric identification systems in public spaces. Educational proctoring does not fall in any prohibited category, as it operates in a contractual context with informed consent and a specific purpose limited to assessment integrity.

EU AI Act · EU · Spain

How the EU AI Act affects proctoring and what Klarway does to comply

Updated April 23, 2026

In summary

The EU AI Act classifies AI-based proctoring systems in educational contexts as high risk. Klarway treats its system under that classification: technical documentation, risk management and human oversight of all academic decisions. The AI informs; the academic team decides.

How does the EU AI Act affect online proctoring?

The EU AI Regulation (EU AI Act, EU 2024/1689) entered into force on August 1, 2024 and establishes a risk-based regulatory framework for artificial intelligence systems. Low-risk systems have minimal obligations; high-risk systems face a demanding set of documentation, governance and oversight requirements.

Proctoring with biometric analysis and AI in educational contexts falls within the high-risk category under Annex III of the Regulation, which includes 'AI systems intended to be used to evaluate the performance and behavior of natural persons during the taking of examinations'. This classification applies to Klarway.

The high-risk classification does not mean the system is prohibited — it means the provider must comply with a specific set of obligations before placing it on the European market. These obligations include technical documentation, risk management, effective human oversight and accuracy and robustness requirements.

What does Klarway do to comply with the EU AI Act?

Klarway treats its proctoring system as a high-risk AI system and is adapting its processes to comply with all requirements before the transition deadline of August 2026. Work areas include: (1) complete technical documentation of the AI system, including architecture, training data and accuracy metrics; (2) documented risk management with impact assessment and mitigation measures; (3) review and reinforcement of human oversight mechanisms.

Human oversight is the most critical principle and was already built into Klarway's design from the start: the AI analyzes and reports, the academic team decides. This principle is not just a regulatory requirement — it is part of the product's value proposition. A system that makes automatic academic decisions without human oversight creates more problems than it solves.

Additionally, Klarway is working on the registration process in the European Union's database of high-risk AI systems, required before the deadline established by the regulation.

What is prohibited and why educational proctoring is not on that list

Art. 5 of the EU AI Act absolutely prohibits certain AI practices, regardless of risk level. These include: social scoring systems, real-time remote biometric identification systems in unauthorized public spaces, and systems that exploit vulnerabilities of specific groups.

Klarway's educational proctoring does not fall into any of these prohibited categories for several structural reasons: it operates in a specific contractual context (institution-student) with prior informed consent, has a limited and documented purpose (verifying identity during an exam), does not generate persistent behavioral profiles outside the exam, and the decision to act on an incident is always in the hands of a person.

Transparency toward the student is a requirement of the EU AI Act that Klarway already fulfills: the student always knows they are being supervised before starting the exam. There is no 'invisible' proctoring in Klarway's model.

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