KI-MIG § 2

(1) The Federal Network Agency (Bundesnetzagentur) is the market surveillance authority responsible for compliance with Regulation (EU) 2024/1689, unless this Act provides otherwise.

(2) The authorities designated under federal or Land law as market surveillance authorities for the enforcement of the Union harmonisation legislation listed in Section A of Annex I to Regulation (EU) 2024/1689 also perform the tasks of the competent market surveillance authorities under Regulation (EU) 2024/1689 where AI systems are concerned that relate to products to which the rules listed in Section A of Annex I apply.

(3) The Federal Financial Supervisory Authority (BaFin) is the market surveillance authority responsible for AI systems directly connected with a regulated financial activity that are placed on the market, put into service or used by the following undertakings supervised by BaFin:

In cases where the European Central Bank is the competent supervisory authority under Article 4(1), points (a) to (i), of Regulation (EU) No 1024/2013 for a credit institution established in the Federal Republic of Germany, or under Article 4(2) of Regulation (EU) No 1024/2013 for a branch established in the Federal Republic of Germany, BaFin is the market surveillance authority responsible under Regulation (EU) 2024/1689 for AI systems directly connected with a regulated financial activity. Under the conditions of the first sentence, BaFin is also the market surveillance authority responsible for AI systems directly connected with a regulated financial activity where responsibility for supervision under Article 43(7) or Article 44(4) of Regulation (EU) 2023/1114 in respect of the issuer of a significant asset-referenced token has been transferred to the European Banking Authority and the issuer continues to be established domestically. In addition, BaFin is the market surveillance authority responsible for high-risk AI systems directly connected with a regulated financial activity of the Versorgungsanstalt des Bundes und der Länder (VBL).

(4) Where the placing on the market, putting into service or use of an AI system is directly connected with a regulated financial activity provided by a financial institution that is not supervised by BaFin under subsection (3), market surveillance is the responsibility of the supervisory authority that is the competent financial supervisory authority under statute or under a corresponding agreement between it and BaFin. The first sentence does not apply to tradespersons (Gewerbetreibende) carrying out activities under sections 34d, 34f, 34h, 34i and 34k of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung).

(5) Subject to subsection (6), an independent AI Market Surveillance Chamber is established at the Federal Network Agency under section 4 for the market surveillance of the following AI systems:

(6) In cases where public bodies of the Länder within the meaning of section 2(2) and (3) of the Federal Data Protection Act (Bundesdatenschutzgesetz) of 30 June 2017 (BGBl. I S. 2097), as last amended by Article 3 of the Act of 12 May 2026 (BGBl. 2026 I Nr. 139), place AI systems on the market, put them into service or use them, market surveillance is the responsibility of the authorities competent under Land law. For the coordination of cooperation through the Coordination and Competence Centre under the second sentence of section 5, point (2), and the Central Complaints Office under section 8, the Länder may designate single points of contact.

(7) Where the Federal Network Agency has reason to believe that a federal revenue authority (Bundesfinanzbehörde) under section 1 of the Fiscal Administration Act (Finanzverwaltungsgesetz) that places AI systems on the market, puts them into service or uses them in the administration of tax matters is infringing Regulation (EU) 2024/1689, it may exercise its enforcement powers only in agreement with the Federal Ministry of Finance. The same applies to the exercise of such enforcement powers against the VBL. To obtain that agreement, it may set the Federal Ministry of Finance a reasonable time limit. If no agreement is reached by the expiry of that time limit, responsibility for market surveillance in that matter passes from the Federal Network Agency to the Federal Ministry of Finance.

(8) In cases where media service providers within the meaning of Article 2, point (2), of Regulation (EU) 2024/1083 place AI systems on the market, put them into service or use them in the organisation, offering, distribution or making available of media services for journalistic or advertising purposes, market surveillance is the responsibility of the authorities competent under Land law. For Deutsche Welle, supervision of compliance with Regulation (EU) 2024/1689 in the area referred to in the first sentence is governed, by way of derogation from the first sentence, by the Deutsche Welle Act (Deutsche-Welle-Gesetz) and Deutsche Welle's own supervisory rules. For the coordination of cooperation through the Coordination and Competence Centre under the second sentence of section 5, point (2), and the Central Complaints Office under section 8, the Länder may designate single points of contact.

(9) The authorities competent under subsections (1) to (7) may call in experts from the scientific panel (Article 68 of Regulation (EU) 2024/1689) under Article 69 of Regulation (EU) 2024/1689.