AI regulation in Germany: the EU AI Act (2026)

Yes. As an EU member, Germany is covered by the EU AI Act (Regulation (EU) 2024/1689), which applies directly.

It uses a risk-based approach: unacceptable-risk AI is banned, high-risk AI faces strict obligations, and general-purpose AI models carry transparency duties.

It is phased: prohibitions applied from February 2025, general-purpose-AI rules from August 2025, and most high-risk obligations from August 2026.

Up to €35 million or 7% of global annual turnover for breaching the prohibited-AI rules, with lower tiers for other breaches.

The EU AI Act (Regulation 2024/1689) is directly applicable in Germany. It is a comprehensive, risk-tiered law: prohibited practices and AI-literacy duties have applied since 2 February 2025, GPAI-model obligations since 2 August 2025, and most high-risk and transparency obligations apply from 2 August 2026.

On 11 February 2026 the Federal Cabinet approved the draft 'KI-Marktüberwachungs- und Innovationsförderungsgesetz' (KI-MIG) / Gesetz zur Durchführung der KI-Verordnung, which sets national competent authorities, innovation-promotion measures (e.g. regulatory sandboxes) and the penalty regime; it is proceeding through the Bundestag.

The Federal Network Agency (Bundesnetzagentur) is designated as Germany's central market surveillance authority, notifying authority and single point of contact, hosting a Coordination and Competence Centre (KoKIVO) and an independent AI Market Surveillance Chamber (UKIM).

Germany adopts a hybrid model: rather than a single new AI authority, existing sectoral regulators retain competence in their fields, notably BaFin as market surveillance authority for high-risk AI tied to regulated financial activities, coordinated centrally through Bundesnetzagentur.

AI systems processing personal data remain subject to the GDPR and the German Federal Data Protection Act (BDSG), enforced by federal and Länder data-protection authorities, which operate alongside the AI Act framework.

Beyond binding law, Germany pursues an AI policy agenda within the Hightech Agenda Deutschland, targeting roughly 10% of value creation via AI and over 50% AI uptake among manufacturing SMEs, with implementation roadmaps launched in 2026.