regulation of artificial intelligence


Artificial intelligence – AI for short – has been on everyone’s lips since the release of ChatGPT as a web app. The following article gives a brief overview of the current state of regulation in Germany.

No specific national regulations

The application of AI-based technologies and information systems (AI systems) is not subject to any specific laws and regulations in Germany, i.e. laws and regulations that are specially tailored to AI systems. Use is based on the general regulations.

AI law as a European regulation

A legislative process to regulate AI has been underway at European level since April 2021. A regulation is planned, which is colloquially referred to as the “KI Act” and will become directly applicable law when it comes into force in Germany and in the other member states. Specifically, the regulation follows a risk-based approach, according to which AI systems are assigned to a risk class and high-risk systems must meet stricter requirements than AI systems in a low risk class.

Current status of the legislative process

On May 11, 2023, the lead committees of the EU Parliament, the Committee on the Internal Market and Consumer Protection (IMCO) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted on the current draft. This week, the plenary session of the EU Parliament should then clear the way for the so-called trialogue , i.e. the negotiations between Parliament, the Council of Ministers and the Commission on the final law, which is currently the subject of heated debate.

Other Policy Suggestions

The AI ​​Act is flanked by two directive proposals from the European Commission. One draft deals with the adaptation of non-contractual civil liability to the specifics of AI, the other concerns a directive on product liability in the context of AI. Public discussions about these drafts naturally take a back seat in view of the AI ​​Act as the world’s first comprehensive regulation of AI.

practical tip

Companies that use AI-based technologies should familiarize themselves early on with the principles of the risk classification laid out in the draft of the AI ​​law and observe the negotiations in Brussels in order to prepare specific decisions for their own company and the products to be developed by them, if necessary to be able to