The European Union’s AI Act aims to strengthen the single market, promote the human-centred and trustworthy use of artificial intelligence, and ensure a high level of protection for citizens. AI can undermine fundamental democratic rights in previously unknown ways, for example by deliberately influencing public debate in the digital sphere. This poses new challenges for legislators.
The German implementation of the European Regulation has been delayed by the change of government and seeks to balance effective market surveillance, compliance with the federal constitutional order, and the promotion of innovation. The Federal Network Agency, an already established institution at federal level, is envisaged as the central actor. However, the federal states maintain their authority over AI systems they have developed or deployed. To avoid complexity and fragmentation in implementation, new structures will be created within the agency to promote coordination and capacity building.
In the latest issue of Berlin Perspectives, Victor Monsees and Carolin Fuß analyse Germany’s implementation of the AI Act and identify the key drivers for establishing a balance between central oversight and federal autonomy, whilst simultaneously promoting innovation and standardisation.
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