Germany Adopts Government Draft of AI Market Surveillance and Innovation Act, February 2026

The German Federal Government (Bundesregierung) adopted the official government draft (Regierungsentwurf) of the Act on AI Market Surveillance and Innovation — the Gesetz zur Durchführung der europäischen KI-Verordnung, informally known as the KI-MIG — on February 10, 2026. The cabinet session took place on February 10, with the government's press conference confirming passage on February 11, 2026. The Regierungsentwurf now proceeds to the Bundestag and Bundesrat for parliamentary deliberation. No date of entry into force has been set; the act is at the legislative stage.

The KI-MIG is the German national implementing legislation for Regulation (EU) 2024/1689 of the European Parliament and of the Council (the EU AI Act), which entered into force on August 1, 2024. The EU AI Act requires each EU member state to designate national competent authorities responsible for market surveillance of AI systems and to establish coordination mechanisms with the European AI Office. The KI-MIG draft assigns supervisory responsibilities to specific German federal authorities across different sectors. Under the EU AI Act's Article 113, the chapter provisions governing providers of general-purpose AI models apply from August 2, 2025, while the provisions on high-risk AI systems listed in Annex III apply from August 2, 2026. The KI-MIG must be in force before those dates to give German market surveillance authorities the powers they need.

Providers and deployers of AI systems that operate in Germany or place AI systems on the German market must track the KI-MIG's parliamentary progress, as it will determine which German federal authority supervises their sector and what notification, registration, and cooperation duties apply. Developers of general-purpose AI models who already face EU AI Act obligations since August 2025 will need to understand how the KI-MIG allocates German-level investigative and enforcement powers. Any AI system sold into Germany or used to serve German users will fall under this statute once enacted.

The Regierungsentwurf will be submitted to the Bundesrat for a first pass before moving to the Bundestag. The timeline for enactment depends on parliamentary scheduling. The EU AI Act's August 2, 2026 deadline for high-risk AI system obligations creates strong pressure for swift passage. Until the KI-MIG enters into force, Germany's existing sectoral regulators retain authority in their domains, but no unified national AI supervisory structure exists under German law.

Source: German Federal Government (Bundesregierung), Government Press Conference, February 11, 2026, confirming cabinet adoption of "Entwurf eines Gesetzes zur Durchführung der europäischen KI-Verordnung," https://www.bundesregierung.de/breg-de/suche/regierungspressekonferenz-vom-11-februar-2026-2406846; Regulation (EU) 2024/1689 (EU AI Act), OJ L 2024/1689, Article 113. Confirmed March 16, 2026.

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