The future of AI in German companies: A look at the new requirements from 2025
From February 2, 2025, German companies will be entering new territory when it comes to the use of artificial intelligence (AI). The introduction of the AI Regulation, also known as the AI Regulation or EU AI Act, brings with it a number of requirements that companies must consider as part of their strategic planning.
An overview of the AI Regulation
Article 113 of the AI Regulation stipulates that certain provisions will enter into force on February 2, 2025. Articles 1 to 4 form the first chapter and contain general provisions that set out the framework for the use of AI. Article 5, Chapter II, contains specific prohibitions that must be strictly adhered to. These rules apply to all companies that use AI systems, including widely used tools such as ChatGPT, Microsoft Copilot and other AI offerings.
Important deadlines
In addition to the date in February 2025, there is another important deadline: from August 2, 2025, additional regulations will come into force that relate in particular to general-purpose AI models. These changes also affect software systems that use AI, such as AI-based spam filters or search engines that generate recommendations.
Compliance with regulations from 2025
Compliance with the provisions of the AI Regulation is crucial. Article 3 provides important definitions of terms, while Article 4 focuses on proof of AI competence. Companies must ensure that their employees are trained in the use of AI systems. Proof of competence can be provided in a variety of ways, for example through technical and specialist training or through the use of programming interfaces such as ChatGPT’s API.
Prohibited uses of AI systems
Article 5 of the AI Regulation lists numerous prohibitions, including the subliminal influencing of persons or the evaluation of persons over a certain period of time based on their social behavior. Companies must ensure that these prohibited purposes are excluded by carefully examining and describing the AI systems used.
Recommendations for companies
Companies should act proactively by instructing their employees in the use of AI systems and providing clear instructions. These instructions can be both written and in the form of training to ensure that AI systems are used effectively and safely. A comprehensive AI organizational directive can help to regulate the permitted and unauthorized use of AI and define contact persons for various situations.
Types of AI use and protection of rights
Companies should clearly define the purposes for which employees are allowed to use which AI systems. It is important that all results generated with AI are checked before they are reused in order to avoid possible copyright infringements. As AI content does not currently enjoy copyright protection, works created with AI should be manually reworked in order to claim authorship.
Data protection and data security
As AI systems process large amounts of data, it is essential that users’ trust in the provider – and therefore also in the country of the headquarters – is secured. Known intelligence laws in countries such as the USA make it necessary to carefully weigh up the choice of AI provider. Data protection and compliance with information obligations in accordance with Art. 12 GDPR should always be guaranteed.
Proof of AI competence and risk assessment
Proof of AI competence should be provided in such a way that it is appropriate to the type of AI used. If an AI is offered on a website, the proof should also be visible there. A risk assessment for each AI system used is essential. Companies should ensure that only AI systems are used for specific and meaningful purposes in order to minimize risks.
Conclusion
The new provisions of the AI Regulation require German companies not only to adapt their technical systems, but also to strategically realign their approach to AI. Through training, clear guidelines and careful selection of the AI systems used, companies can ensure that they not only comply with legal requirements, but also fully exploit the potential of AI.
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