Guidance Paper on AI Competence
The Federal Network Agency's Official Guide Analyzed

AI competence obligation from Article 4 of the AI Regulation. The guidance paper specifies the AI competence obligation from Article 4 of the AI Regulation, which has been in force since February 2, 2025. While the article defines the basic requirements, this guide now provides an official interpretation aid for practical implementation and is aimed at all providers and operators of AI systems.

According to the legal definition in Article 3 No. 56, AI competence encompasses the skills, knowledge, and understanding to use AI systems competently while being aware of the opportunities and risks. It is about responsible and informed use of the technology.

The Federal Network Agency emphasizes that the AI Regulation deliberately does not prescribe a 'one-fits-all' solution. Companies have the freedom to design their measures for ensuring AI competence individually and according to needs. The appropriateness of the measures depends on several factors:

• The role of the organization (provider or operator).
• The type and risk of the AI system.
• The specific context of use (e.g., application area, affected persons).
• The prior knowledge of the staff (education, experience, activity).

The paper also clarifies what is not required: formalized training, external certifications, or the appointment of an AI officer are not explicitly prescribed.

As a guide, the Federal Network Agency proposes a process based on four cornerstones to systematically build AI competence:

• Identify individual needs: Who works with which AI systems for what purpose and with what associated risks?
• Design measures: Develop appropriate formats and content based on the needs analysis (e.g., e-learning, workshops, internal training).
• Regular refresher: Understand competence building as a dynamic and continuous process that adapts to technological developments.
• Adequate documentation: Record the type, scope, content, and participants of the measures carried out in writing.

Although there is no certification requirement, the guidance paper places a strong focus on documentation. The Federal Network Agency strongly recommends that organizations document their measures well to be able to demonstrate at any time that they meet the requirements of Article 4.

A lack of AI competence can be seen as a breach of duty of care, especially if it results in damage.

Comprehensive documentation thus serves as important evidence in liability cases and shows that the company has fulfilled its responsibility.