(1) The Federal Network Agency (Bundesnetzagentur) shall establish and operate at least one AI regulatory sandbox under Articles 57 and 58 of Regulation (EU) 2024/1689. This shall not affect the establishment and operation of AI regulatory sandboxes within the meaning of Article 3, point (55), of Regulation (EU) 2024/1689 by other national competent authorities within the meaning of Article 3, point (48), of Regulation (EU) 2024/1689.
(2) In performing the tasks under the first sentence of subsection (1), the Federal Network Agency shall cooperate, in a spirit of cooperation and trust, with other authorities in so far as the establishment or operation of the AI regulatory sandbox affects their area of responsibility. This includes, in particular, involving the competent data protection supervisory authority, which shall carry out the assessment of the data protection requirements of Article 59 of Regulation (EU) 2024/1689. This also includes cooperation with other authorities operating AI regulatory sandboxes. The supervisory and monitoring powers of other authorities under other statutes shall remain unaffected.
(3) In addition to Article 62(1), point (a), of Regulation (EU) 2024/1689, the Federal Network Agency shall also grant priority access to the AI regulatory sandbox under the first sentence of subsection (1) to research institutions and higher education institutions and their spin-offs that have their seat or a branch in the European Union, in so far as they meet the conditions and selection criteria to be laid down under the implementing acts within the meaning of Article 58(1) of Regulation (EU) 2024/1689, and this facilitates or accelerates the access to the Union market of AI systems that are directly the subject of application-oriented research and development projects.
(4) The Federal Ministry for Digital Transformation and Government Modernisation is authorised to regulate, by statutory instrument not requiring the consent of the Bundesrat, in so far as this is necessary for the implementation of Article 57 of Regulation (EU) 2024/1689 and of the implementing acts within the meaning of Article 58(1) of Regulation (EU) 2024/1689, the further details of the establishment and operation of AI regulatory sandboxes under the first sentence of subsection (1). This includes, in particular, rules on establishment, development, implementation, operation and supervision, as well as on cooperation with other federal authorities affected. The Federal Ministry for Digital Transformation and Government Modernisation may, by statutory instrument, transfer the authorisation under the first sentence to the Federal Network Agency.