Today’s passing of the AI Implementation Act in the German Bundestag lays important foundations for the national enforcement of the European AI Regulation. eco – Association of the Internet Industry continues to welcome the 1:1 implementation of EU requirements as well as the central role of the German Federal Network Agency (BNetzA) as the market surveillance authority and coordination body.
However, key points of criticism from the cabinet draft of February remain. The Coordination and Competence Centre at the German Federal Network Agency still has no authority to issue instructions. Admittedly, the law provides for the Federal-State Committee on AI, a body intended to facilitate structured coordination and cooperation between market surveillance authorities. However, this still does not establish binding cooperation mechanisms between the competent authorities. It therefore remains unclear how a uniform interpretation and application of the AI Regulation across the country is to be ensured in practice.
Without clear coordination, there is a risk of differing enforcement practices, legal uncertainty and additional bureaucracy for companies. Start-ups and SMEs in particular need reliable points of contact, consistent guidance on interpretation and practical procedures to ensure that AI regulation does not become a barrier to investment.
The eco Association welcomes the newly introduced evaluation mechanism. It provides an opportunity to review the effectiveness of the enforcement structures and to strengthen the role of the Coordination and Competence Centre where necessary. The evaluation should also be used to assess whether business, academia, civil society and the federal states need to be involved in a more binding and structured manner in future.
The Committee on Digital Affairs and State Modernisation’s intention to hold biannual discussions with representatives from government, business, civil society and academia on the application of the AI Regulation is also to be welcomed. This dialogue can help to identify implementation problems at an early stage.
What is now crucial is enforcement that is coherent across Europe, legally certain, proportionate and innovation-friendly. The AI Implementation Act must not become the starting point for a federal patchwork, but must form the basis for clear, practical and investment-friendly AI rules.
