The debate has been going on for months – in an unusual way, the Federal Ministry of Economics (BMWK) announced over the weekend how responsibilities for EU AI regulation in Germany should be divided: via a LinkedIn posting. But the BMWK did not explain what exactly the agreement includes. At the request of Heise Online, the ministry is now clarifying how supervision should be structured in the future.
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The Federal Network Agency should therefore play a central role – but it is by no means the only responsible body. The authority in Bonn, which was recently tasked with coordinating the Digital Services Act in the digital area, will be the central body in Germany for formulating and enforcing AI regulation. At the same time, the Federal Network Agency should also become an “AI competence center” and be responsible for promoting innovation, for example through so-called real-world laboratories according to Article 57 of the AI regulation.
The supervision of fully regulated products with AI remains with the specialist authorities
However, the “BNetzA”, as the authority is called for short, will by no means be responsible for all AI applications. Essential parts of the AI regulation are particularly relevant in product law. This applies, for example, to the automotive sector, where the Federal Motor Transport Authority remains responsible, or to medical device law, where the Federal Institute for Medicines and Medical Devices (BfArM) is the supervisory authority. And when it comes to money, according to the wishes of the federal government, the Federal Financial Services Agency BaFin remains the relevant body as the so-called market surveillance authority. This prevents dual responsibilities from arising.
“This system of market surveillance has also been extended to new areas by the AI regulation, including biometrics, critical infrastructure, AI in the workplace and educational institutions, the provision of basic public services, law enforcement, migration, asylum, border control and justice,” listed a BMWK spokeswoman in response to an online request. For the use of AI, which falls under the AI Ordinance, the Federal Network Agency must now become the central point and contact person for all areas that are not explicitly regulated.
Federal government hopes for lean framework for companies
The federal government, for which the Green Party-led Federal Ministry of Economics and the FDP-led Federal Ministry of Justice have discussed these “basic principles”, hopes that this will help avoid duplicate structures and ensure efficient integration with other EU legal acts such as the DSA, the Data Act and the Data Governance Act. The Federal Network Agency already plays or will play a central role in these EU legal acts in the future. Federal Digital Minister Volker Wissing (FDP) already made it clear in an interview with heise online in May that he sees this task as a central one for the Federal Network Agency.
With further increases in capacity, the former regulatory authority for posts and telecommunications will become an increasingly strong digital supervisory authority, which should act independently from politics in accordance with EU enforcement requirements.
Despite the concept, there are still unanswered questions
However, whether the Federal Network Agency will be able to fulfil its tasks in practice depends, among other things, on what personnel options will be made available to it in the next federal budget. How the necessary knowledge transfer should work between the Federal Network Agency and other specialist supervisory authorities, how a cross-industry uniform interpretation can be designed and, for example, how cooperation with independent data protection supervisory authorities that are responsible for automated decisions using personal data can be ensured, there are many nuts that still need to be cracked.
It is unclear to what extent the federal government’s now outlined plan has already been agreed in detail with the federal states. The digital ministerial conference of the states, which was launched at the beginning of the year, wants to discuss it at its next meeting.
(MKI)
