I. Legal classification
There is currently no comprehensive uniform law on AI in Germany. However, it is addressed in various laws. For example, the German Works Council Modernization Act provides, among other things, for a strengthening of the rights of the works council in the use of AI. There are also provisions in other German laws, such as the Copyright Act (Urhebergesetz), the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz) or the Basic Law (Grundgesetz). Due to the large amount of data that forms the basis for AI, the General Data Protection Regulation (GDPR) also comes into play.
The first attempt at a uniform regulation was made by the European Commission in April 2021, based on the draft of the "Artificial Intelligence Act". The draft aims to create a uniform legal framework for the development, marketing and use of artificial intelligence. In the process, a risk class model is to be created that evaluates the potential danger of AI. The risk classes are based on minimal, low or high risk or are even absolutely prohibited. Depending on the risk class, different requirements are placed on AI. For example, AI systems with a high risk must undergo a conformity assessment before they can be put into operation on the EU market. If the requirements are not met, companies face a heavy penalty in the form of a fine.
It should be noted that the regulation applies to all providers who place AI systems on the EU market and to users of AI systems in the EU, regardless of where the company is based. Even if providers and users are based outside the EU, they will be subject to the EU draft if the result produced by the AI system is used in the EU.
However, progress on the legislation has been slow. The European Commission's proposals are now being processed by the Council of the European Union and the European Parliament. Once the draft is adopted, it would have to be transposed into the national law of the member states.