AI Regulation Expert & Founder of AIAct-Akademie
BREAKING NEWS | CABINET DECISION
AI Act Implementation Law:
Germany Gets Its AI Oversight Authority
The German Federal Cabinet approved the implementation law for the European AI Regulation on February 11, 2026. It is now official: The Federal Network Agency becomes Germany's central AI supervisory authority. What this means for companies and why immediate action is required.
Key Takeaways
- The German Federal Cabinet has approved the AI Market Surveillance and Innovation Promotion Act (KI-MIG).
- The Federal Network Agency becomes Germany's central AI supervisory authority through KoKIVO.
- The AI competence obligation under Art. 4 of the AI Act has been in effect since February 2025.
- Obligations for high-risk AI systems take effect on August 2, 2026.
- Companies should inventory their AI systems and set up compliance processes now.
1. What Was Decided Today?
The German government has launched the national implementation of the EU AI Act with the AI Market Surveillance and Innovation Promotion Act (KI-MIG). The law regulates three key areas:
Responsible Authorities
Which authorities in Germany are responsible for AI oversight, with the Federal Network Agency as the central coordinating body.
Market Surveillance
How market surveillance for AI systems is organized, using a hybrid approach that leverages existing structures.
Innovation Promotion
Which support mechanisms help companies with implementation, including AI regulatory sandboxes and a service desk.
"We are not building an additional authority, but relying on existing structures."
2. Federal Network Agency Becomes AI Competence Center
The centerpiece of the law is the establishment of KoKIVO (Coordination and Competence Center for the AI Regulation) at the Federal Network Agency. KoKIVO takes on the following tasks:
Central coordination of all AI-related government activities in Germany.
Uniform legal interpretation for cross-cutting questions on the AI Regulation.
AI Service Desk as the first point of contact for companies with questions about the AI Act.
3. Key Deadlines at a Glance
The AI Regulation takes effect in stages. With today's cabinet decision, the national oversight is on its way, but many obligations are already in force: (Full text of the AI Regulation)
| Date | What Happens |
|---|---|
| Since Feb 2, 2025 | Prohibited AI practices are already in effect (social scoring, manipulative AI). AI competence obligation under Art. 4 in force. |
| Since Aug 2, 2025 | Obligations for general-purpose AI models (GPAI, e.g., ChatGPT) apply. |
| Aug 2, 2026 | General applicability of the AI Regulation. Obligations for high-risk AI under Annex III. |
| Expected Dec 2027 | Obligations for high-risk AI systems under Art. 6(1) (product-specific high-risk AI). |
4. Action Required: What Companies Must Do Now
The implementation law makes it clear: The national oversight structure is in place. Companies that use or develop AI systems should act now:
Build AI Competence (Art. 4 AI Act)
Since February 2025, providers and operators must ensure their staff has sufficient AI knowledge. This obligation is already in force, regardless of the AI system's risk class.
Classify AI Systems
Companies must assess whether their deployed or developed AI systems are classified as high-risk AI systems. The criteria from Art. 6 of the AI Regulation and the EU AI Board guidelines are decisive.
Prepare Conformity Assessments
5. Media Oversight: Special Rules for Press and Broadcasting
An important aspect of the implementation law concerns state-independent media oversight. Oversight of AI applications in the press and broadcasting sector, such as labeling deepfakes and AI-generated news texts, does not fall under the Federal Network Agency but remains with the state media authorities. This respects Germany's federal media framework.
Background: This separation follows the principle of state independence of the media, enshrined in German constitutional law. AI applications in newsrooms, automated content moderation, and synthetic media detection are thus subject to the established oversight by the state media authorities.
Responsibility at a Glance
Federal Network Agency (KoKIVO): All AI systems outside the media sector.
State Media Authorities: AI applications in press, broadcasting, and online media.
6. Criticism and Open Questions
Are 60 New Positions Enough?
The digital association Bitkom warns: Only around 60 additional staff members are planned for implementing the AI Act. Bitkom President Dr. Ralf Wintergerst warns that this workload can only be managed if the authorities themselves extensively use AI technology.
Testing Bodies as Bottleneck?
Companies must often have high-risk AI systems certified by notified bodies. Delays in accreditation could slow down AI innovations in sensitive areas such as healthcare, security, or education. Wintergerst points to the Medical Device Regulation (MDR) as a cautionary example.
AI Regulatory Sandboxes as Opportunity
The establishment of AI regulatory sandboxes by the Federal Network Agency is viewed positively. Companies will be able to test new AI applications under simplified conditions, with low entry barriers, digitized processes, and a binding response within 30 days.
7. What Happens Next?
The implementation law must still pass the Bundesrat and Bundestag. Given that the EU deadline (originally August 2, 2025) has already been exceeded, the process is expected to be fast-tracked.
The draft bill from September 12, 2025 is already available at: bmds.bund.de: AI Regulation Implementation Act
Conclusion: Start Preparing Now
The cabinet decision on the AI Act Implementation Law sends a clear signal: AI regulation in Germany is becoming concrete. Oversight structures are in place, deadlines are running and the AI competence obligation has been in effect since February 2025. Companies that use or develop AI should begin systematic preparation now: inventory AI systems, determine risk classes, train employees, and set up compliance processes. Those who act now gain a competitive advantage and avoid costly last-minute adjustments.