Which rules apply to AI?

AI regulation.

EU, Germany, USA: which rules apply today, which are coming and what that means in practice.

In 60 seconds

  • The EU regulates AI by risk, Germany enforces this with the KI-MIG, and the USA has a patchwork of state laws.
  • High-risk obligations have been postponed to December 2027 and August 2028. Prohibitions and AI literacy already apply.
  • The risk class finder shows where your use case lands.

Legal status: 5 November 2026

Scales with three pillars for EU, Germany and USA

3 jurisdictions compared.#

The most important differences at a glance.

EUGermanyUSA
Basic approachOne law for everyone: rules according to the risk of the intended purposeImplements and supplements EU law. Data protection, employment and copyright law remain importantNo federal law. Executive orders, state laws and sector-specific law
Key rulesAI Act (EU) 2024/1689, amended by Regulation (EU) 2026/1744 (Digital Omnibus)KI-MIG of 22 July 2026 (BGBl. 2026 I No. 223), in force since 28 July 2026E.g. California SB 53, AB 2013, SB 942, Texas TRAIGA, Illinois HB 3773, Colorado SB 26-189 (from 2027)
SupervisionEU AI Office for AI models, national authorities for systemsFederal Network Agency as the central body, BaFin in the financial sector, data protection authoritiesState attorneys general, FTC, Department of Justice, sector regulators
SanctionsUp to €35 million or 7% of worldwide annual turnover for prohibitions, up to €15 million or 3% for other obligationsFines under the AI Act, imposed by the Federal Network AgencyDepending on the law, e.g. up to US$1 million per violation under California SB 53
FocusFundamental rights, safety, trustBuilding supervision, promoting innovation (regulatory sandboxes, service desk)Innovation and competition, transparency for frontier models

Legal status: 5 November 2026. The law changes constantly.

EU: the AI Act.#

The world's first comprehensive AI law, Regulation (EU) 2024/1689.

ProhibitedUnacceptable riskProhibited since 2 February 2025, e.g. socialscoring, emotion recognition at work.HighHigh riskStrict obligations, generally from 2 December2027 (Annex III), e.g. candidate selection,credit checks.TransparencyLimited riskTransparency obligations under Art. 50, e.g. chatbots,deepfakes, AI texts.MinimalMinimal riskNo additional obligations, e.g. spam filtersor game AI. AI literacy still applies.
The higher the risk, the stricter the rules. The intended purpose is decisive, not the technology.
1 Aug 2024AI Act enters intoforce2 Feb 2025Prohibitions and AI literacy(Art. 4)2 Aug 2025Obligations forgeneral-purposeAI models2 Aug 2026Transparency (Art. 50),national supervision andenforcement2 Dec 2027High-risk AI underAnnex III (postponed)2 Aug 2028High-risk AI inproducts, Annex I(postponed)Today
Timetable after the Digital Omnibus (Regulation (EU) 2026/1744): the high-risk obligations were postponed, other obligations already apply.

Timeline of the AI Act.#

What already applies and what is still to come. As of 5 November 2026.

  1. AI Act enters into force

    Regulation (EU) 2024/1689 applies in stages from then on.

  2. Prohibitions and AI literacy

    Prohibited practices are banned. Whoever uses AI ensures sufficient AI literacy (Art. 4).

  3. General-purpose AI models

    Obligations for providers of such models, plus governance and sanctions.

  4. Digital Omnibus

    Regulation (EU) 2026/1744 postpones the high-risk deadlines.

  5. KI-MIG in Germany

    The German law regulates supervision and responsibilities.

  6. Transparency and national supervision

    Labelling and notices under Art. 50, check individual transitional rules.

Filled dots already apply. Details and sources are in the AI legal status.

What the AI Act requires.#

6 building blocks.

Prohibited practices (Art. 5)

Prohibited are, among other things, manipulative techniques, exploiting vulnerabilities and social scoring. Also prohibited: predicting crimes based on profiling alone, untargeted scraping of facial images, emotion recognition at work and in schools, and biometric categorisation by sensitive characteristics. Real-time remote identification for law enforcement is only allowed in narrow exceptions. The Digital Omnibus adds prohibitions on AI for creating non-consensual intimate content and abuse material.

High-risk AI (Annex III and I)

Covers, among others, biometrics, critical infrastructure, education, employment and HR management, essential private and public services (e.g. credit), law enforcement, migration, justice and AI as a safety component of regulated products. Obligations: risk management, data quality, documentation, logging, human oversight, robustness and cyber security, conformity assessment. Deployers must use systems as intended, monitor them and inform those affected.

Transparency (Art. 50)

Applies since 2 August 2026; transitional periods may apply to individual labelling obligations. People must be able to recognise that they are interacting with AI. AI-generated or manipulated content must be labelled, and providers must mark it in a machine-readable way. Deepfakes and AI texts on matters of public interest must be disclosed, with exceptions where there is editorial control.

General-purpose AI models

Since 2 August 2025: technical documentation, information for downstream providers, a copyright policy and a summary of the training data. Models with systemic risk (presumed above very high computing power) have additional obligations for evaluation, risk mitigation, incident reporting and cyber security.

AI literacy (Art. 4)

Since 2 February 2025, providers and deployers must take measures to ensure their staff have sufficient AI literacy. The Digital Omnibus does not change this. It applies to every professional use of AI, even with minimal risk.

Penalties and roles

Up to €35 million or 7% for prohibitions, up to €15 million or 3% for other obligations, up to €7.5 million or 1% for incorrect information. For SMEs, the lower amount applies. Roles: provider, deployer, importer, distributor. Anyone who substantially modifies a system or sells it under their own name can become a provider themselves.

The Digital Omnibus: what has changed.#

Regulation (EU) 2026/1744, in force since July 2026.

  • High-risk under Annex III (e.g. HR, credit, education, critical infrastructure): obligations only apply from 2 December 2027 instead of from 2 August 2026.
  • High-risk under Annex I (AI in regulated products): from 2 August 2028.
  • Unchanged: Prohibitions (since February 2025), AI literacy (Art. 4), obligations for general-purpose AI models (since August 2025).
  • New: Additional prohibitions in Art. 5 and a restored registration obligation for providers who classify their own system as not high-risk.

A delay, not a free pass

It is the date that has been postponed, not the content. Anyone buying or developing systems now should already plan for risk management, documentation and human oversight. National supervision has also been operating since August 2026.

GDPR and AI.#

The General Data Protection Regulation applies alongside the AI Act. The two sets of rules complement each other.

Legal basis

Anyone processing personal data with AI needs a legal basis under Art. 6 GDPR. In practice this is often legitimate interest with a documented balancing test, and often stricter for employees and special cases.

EDPB Opinion 28/2024

The European Data Protection Board clarifies: AI models trained on personal data are not automatically anonymous. Legitimate interest is examined in a three-step test. Unlawful training can also taint later use.

DSK guidance

The German Data Protection Conference has published guidance: "Artificial intelligence and data protection" (May 2024) and one on knowledge bases with language models (RAG, 2025).

Contracts and third countries

A data processing agreement under Art. 28 is usually required with AI providers. For providers outside the EU, the rules on transfers to third countries apply.

Data protection impact assessment

Where there is a high risk to those affected, such as extensive profiling or sensitive data, an impact assessment under Art. 35 is required.

Automated decisions (Art. 22)

People generally have the right not to be subject to a purely automated decision with significant effects. Transparency and data subject rights also apply to AI.

Germany: KI-MIG and more.#

Who supervises the AI Act, and which other rules apply?

The AI Market Surveillance and Innovation Promotion Act (KI-MIG) was signed on 22 July 2026 (BGBl. 2026 I No. 223) and has been in force since 28 July 2026. It regulates who supervises, not what companies must do. The obligations are in the AI Act.

  • Federal Network Agency: central market surveillance and notifying authority, as well as coordination and competence centre.
  • BaFin: remains responsible in the financial sector. Other sector authorities keep their areas.
  • AI service desk of the Federal Network Agency as a contact point for small and medium-sized enterprises and start-ups.
  • AI regulatory sandbox: a protected space to test AI under supervision.
  • Complaints office and an independent market surveillance chamber for high-risk systems.

Works council

When AI is used in the workplace, the works council has information and co-determination rights (including Sections 80, 87(1) no. 6, 90, 95 BetrVG). Involve it early.

Copyright

Text and data mining is permitted under certain conditions (Sections 44b, 60d UrhG), and rights holders can reserve their rights in machine-readable form. Purely AI-generated works are usually not protected.

Trade secrets and cyber security

The German Trade Secrets Act requires appropriate protective measures. For many companies, NIS2 and the KRITIS rules also apply.

Guidance without legal advice. Legal text: gesetze-im-internet.de/ki-mig.

USA: a patchwork instead of a federal law.#

There is no comprehensive federal AI act. States, executive orders and sector-specific law are decisive.

Federal level

In 2025 the administration revoked the previous administration's executive order and presented an AI action plan. An executive order from December 2025 instructs the Department of Justice to challenge state laws, but cannot repeal them itself. Further orders in 2026 apply mainly to federal agencies. A comprehensive federal law is missing.

NIST AI Risk Management Framework

A voluntary framework with the functions Govern, Map, Measure, Manage. In practice an important guide, and partly taken into account in state laws.

FTC and sector law

The consumer protection agency FTC takes action against misleading AI claims. Sector law (e.g. employment, credit, health) also applies to AI decisions.

State and lawEffectApplies since / from
California SB 53Transparency for developers of very large AI models: safety frameworks, incident reporting, whistleblower protection. Penalties up to US$1 million per violation1 January 2026
California AB 2013Disclosure of summaries of the training data of generative AI1 January 2026
California SB 942AI Transparency Act: detection and labelling tools for generative AI with a large number of users2 August 2026
Texas TRAIGA (HB 149)Prohibition of certain intentional misuses (manipulation, unlawful biometric capture, fraudulent deepfakes), enforced by the attorney general1 January 2026
Illinois HB 3773Protection against discrimination by AI in hiring and employment1 January 2026
Colorado SB 26-189Replaces the original AI law (SB 24-205) with a narrower law on automated decisions. Litigation and implementation still openplanned 1 January 2027
New York RAISE ActSafety obligations for developers of very large modelsplanned 2027

Sources: public summaries by law firms and compliance providers, as of summer and autumn 2026. A lot is changing in the USA, and courts are reviewing several laws. Check the current status before making decisions.

What this means for you.#

Private individuals

Private, non-professional use of AI is exempt from most obligations of the AI Act. However, protective rights apply, such as labelling and data protection.

Companies that use AI (deployers)

AI literacy, transparency, additional deployer obligations for high-risk systems, GDPR, involvement of the works council and contracts with providers.

Companies that offer or integrate AI

Provider obligations depending on the risk class: documentation, testing, conformity. Anyone who substantially modifies a third-party system can become a provider themselves.

Users of US services

Check the contract, data location, transfers to third countries and certifications. The AI Act also applies to providers outside the EU if their systems are used in the EU.

Liability and other EU rules.#

New product liability

The new Product Liability Directive (EU) 2024/2853 explicitly covers software and AI. Member states must transpose it by 9 December 2026. It applies to products placed on the market after that date.

AI Liability Directive

The Commission is no longer pursuing the proposal for a separate AI liability directive. National liability law and the new product liability remain.

Cyber security

The Cyber Resilience Act applies to connected products, and NIS2 to many companies. Both affect AI systems running as part of a product or service.

Risk class finder.#

How is your use case classified under the AI Act?

Rough classification without legal advice. Function, exceptions and the individual case are decisive.

Standards and frameworks.#

They help put rules into practice.

FrameworkWhat it is aboutBenefit
ISO/IEC 42001Management system for AI (policies, roles, risks, improvement)Certifiable, creates structure and evidence
ISO/IEC 23894Guidance on risk management for AIHelps with risk assessment
NIST AI RMFVoluntary US framework with the functions Govern, Map, Measure, ManageWidely used internationally and easy to combine
OWASP Top 10 for LLMList of the ten biggest security risks for language model applicationsPractical for development and testing
Harmonised EU standardsEuropean standards for the AI Act (in preparation)Intended to simplify conformity

Further reading: EUR-Lex (regulations), Federal Network Agency, European Data Protection Board, NIST AI RMF.

Check: are you prepared?#

7 questions on AI regulation.

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Guidance, not legal advice. Your selection stays in your browser.

Frequently asked questions.#

Does the AI Act also apply to me as a user of ChatGPT and similar tools?

At work, yes, as a so-called deployer, especially through the AI literacy obligation, transparency rules and data protection. Purely private, non-professional use is exempt from most obligations.

What happens in case of violations?

Authorities can order measures and impose fines, in Germany mainly the Federal Network Agency. The amount depends on the type of violation and can reach millions.

Do I have to label AI-generated images?

Deepfakes, meaning realistic-looking, artificially generated or manipulated content, must be disclosed. Providers of generators must mark content in a machine-readable way. Exceptions apply in other cases, for example for obviously artistic works.

How up to date is this information?

As of 5 November 2026. Laws change, especially in the USA and with EU standards. Have important decisions checked legally.

What would this look like in your company? Conversations about AI guidance are planned for later. Learn more and get notified

Keeping regulation under control?

Tell me which rule is still open for you, and we will add it to this page.

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Sources and further reading

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Suggested citation: Russo, K.: "AI regulation". sicherheitsdenker.de/en/ki-regulierung/, as of 6 November 2026.