Germany Adopts Official Government Draft of AI Market Surveillance and Innovation Act, February 2026

On 10 February 2026, the German Federal Cabinet (Bundesregierung) adopted the official government draft (Regierungsentwurf) of the AI Market Surveillance and Innovation Act (Gesetz zur Durchführung der europäischen KI-Verordnung, abbreviated KI-MIG). The draft is at the legislative proposal stage: following cabinet adoption, it must pass through the German Bundestag (lower house) and, where required, the Bundesrat (upper house) before it becomes enacted federal law. The KI-MIG serves as Germany's domestic implementing legislation for Regulation (EU) 2024/1689 — the EU AI Act — which entered into force on 1 August 2024.

The EU AI Act (Regulation (EU) 2024/1689) is the directly applicable superior instrument. The KI-MIG designates national market surveillance authorities in Germany and provides domestic procedural rules for enforcement, sanctions, and coordination with EU bodies. The draft addresses which German authorities receive supervisory competence — a matter the EU AI Act leaves to member-state designation under Article 70 — and allocates responsibilities across federal and state-level bodies. The Federal Cabinet's adoption of the Regierungsentwurf on 10 February 2026 was confirmed at the government press conference (Regierungspressekonferenz) of 11 February 2026, which listed "Entwurf eines Gesetzes zur Durchführung der europäischen KI-Verordnung" as a key agenda item.

AI system providers, deployers, and importers operating in Germany comply with the EU AI Act's obligations directly by virtue of that regulation's direct applicability. The KI-MIG determines which German authority will conduct market surveillance, receive complaints, and impose penalties. AI developers deploying systems in Germany — including tools used for automated risk assessment, algorithmic trading, and smart-contract compliance analysis — must identify the competent national authority and understand the domestic procedures that will govern enforcement. The act also governs Germany's designation of notified bodies for conformity assessments under the EU AI Act.

The Regierungsentwurf now moves through the Bundestag's legislative process, and the passage timeline is open as of March 16, 2026. External deadlines imposed by the EU AI Act set the urgency: rules on prohibited AI practices applied from 2 February 2025; rules on general-purpose AI models apply from 2 August 2025; and most remaining provisions apply from 2 August 2026. Germany must have its national supervisory architecture in place before those application dates to avoid an enforcement gap.

Source: German Federal Government (Bundesregierung), Government Press Conference of 11 February 2026, "Regierungspressekonferenz vom 11. Februar 2026," https://www.bundesregierung.de/breg-de/suche/regierungspressekonferenz-vom-11-februar-2026-2406846, confirmed March 16, 2026. Superior instrument: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 (EU AI Act), OJ L 2024/1689.

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