Update on the EU AI Act: German Draft AI Market Surveillance and Innovation Promotion Act (KI-MIG)

In Germany, a specific national enforcement framework had not yet been adopted. On 11 February 2026, the Federal Government therefore approved a draft AI Market Surveillance and Innovation Promotion Act (KI-MIG) (Bundesrat document 97/26). 

The Act does not create substantive AI law of its own; rather, it regulates the organizational implementation and allocation of responsibilities for enforcing the EU AI Act in Germany.

The core element of the draft is the establishment of a Coordination and Competence Centre for Artificial Intelligence (KoKIVO) at the Federal Network Agency (Bundesnetzagentur). Its functions include:

The material competences of sector-specific and market surveillance authorities (e.g., product safety, medical devices, or financial supervision) remain unaffected. KoKIVO therefore does not replace specialised regulators but serves coordination purposes.

The EU AI Act requires Member States to establish AI regulatory sandboxes in which AI systems can be developed and tested under the supervision of competent authorities. The objective is to clarify regulatory requirements at an early stage and to prepare the later conformity assessment.

Participation in a sandbox does not constitute an authorization or a legal privilege. In particular, it does not replace conformity assessment and does not provide liability protection.

AI systems frequently process personal data, leading to overlaps with data protection supervision. The draft law provides for organizational coordination and the forwarding of inquiries to the competent authorities.

The competences of data protection authorities remain unchanged. Accordingly, the Act aims to im-prove administrative coordination rather than to establish a single supervisory authority.

The draft has first been submitted to the Bundesrat. After completion of the consultation procedure, it may be introduced into the Bundestag.​