DIHK calls for innovation-friendly implementation of the EU AI Act

The German Chamber of Commerce and Industry (DIHK) supports the objectives of the draft legislation for implementing the AI Act but warns of bureaucratic hurdles. Key demands: clear responsibilities and practical agency coordination.

Artificial Intelligence (AI) is a key technology for businesses in Germany and Europe. The German Chamber of Commerce and Industry (DIHK) emphasizes that the implementation of the EU AI Regulation (AI Act) must be business- and innovation-friendly. However, the current draft legislation for the national implementation law poses risks: fragmented responsibilities, lack of contact points, and unclear processes could hinder innovation.

Key Points Summarised

  • Central Contact Point: The Federal Network Agency (Bundesnetzagentur - BNetzA) shall act as the primary supervisory authority and innovation promoter.
  • Coordination Needed: The planned "Coordination and Competence Center AI-VO" (KoKIVO) aims to ensure uniformity and legal certainty.
  • Innovation Promotion: AI real-world laboratories must be practical and digitally accessible, ideally involving regional stakeholders.
  • Fine Proceedings: Prevention-oriented sanctions and guidelines for SMEs are recommended to prevent disproportionate penalties.
  • Costs for Companies: Financial service providers will bear the costs of AI market surveillance by BaFin. Possible relief mechanisms should be explored.
  • Evaluation: Three years after coming into force, the supervisory structure will be transparently reviewed with the involvement of businesses.

(only available in German)

Background

AI is a key driver for competitiveness and digital sovereignty. The aim of the draft law is an innovation-friendly, low-bureaucratic implementation of the AI Act. For this, clear agency structures, coordinated responsibilities, and transparent processes are necessary.

FAQ

Frequently Asked Questions

Who is responsible for the implementation of the AI Regulation?
In harmonized sectors, existing market surveillance structures will be utilized. The Federal Network Agency (BNetzA) will act as the central authority and coordinator. For example, the Coordination and Competence Center for AI Regulation Implementation (KoKIVO) will be established to support consistent implementation and legal interpretation.

What role do live laboratories play for companies?
AI live laboratories enable practical testing of AI technologies. Companies can trial multiple use cases, with support from regional stakeholders such as IHKs.

What costs will companies face?
The actual compliance burden for companies should be realistically assessed and transparently presented in the draft legislation.

How will complaints be processed?
Authorities will establish fast, digital, and non-bureaucratic complaint handling procedures, with fixed deadlines for confirmation of receipt and processing.

When will a review of the supervisory structures be conducted?
An evaluation of supervisory and authority structures is planned after three years. The involvement of the business community should occur at an early stage.

Download

DIHK statement on implementing the Regulation (EU) 2024/1689 (AI Act) (PDF, 157 KB) (only available in German)

Relevant in topic:
Key areas:
  • Digitalisierung

Contact

Siefert, Arian_quad

Arian Siefert

Director Digital Economy

Jonas Wöll_quer

Jonas Wöll

Director Digital Single Market, EU Transport Policy, Regional Economic Policy

Porträtfoto Jennifer Evers

Jennifer Evers

Director Alternative Dispute Resolution (SGH), Law of the Digital Economy and Legal Tech | In-House Lawyer