The EU AI Act: A Practical Guide for German Companies
The EU AI Act explained simply: Our guide for German companies. Understand the new obligations, risk classes, and opportunities of the EU AI regulation.
Legal Notice
The content of this article is intended solely for general informational purposes and does not constitute legal advice. While we create the information with the utmost care, we make no guarantees regarding its accuracy, completeness, or timeliness. For binding advice on your specific situation, please consult a qualified attorney.
A Chance, Not an Obstacle: The Key Message of the AI Act
The European Union has established the world’s first comprehensive legal framework for artificial intelligence with the AI Act. For many companies, this may initially sound like new obligations and complex hurdles. However, upon closer examination, the AI Act is not an innovation barrier, but rather a facilitator for the trustworthy and human-centered deployment of AI. It creates the much-needed legal certainty that fosters investment and establishes a global standard for ethical technology.
For forward-thinking companies, this presents a strategic opportunity. Instead of merely responding to the new rules, you can proactively leverage them to differentiate yourself in the market. The conscious decision to adopt an AI solution that complies with the principles of the AI Act sends a clear signal to customers and partners: your company prioritizes safety, transparency, and European values. This strengthens trust, minimizes business risks, and transforms a regulatory requirement into a sustainable advantage.
What is the EU AI Act? A Simple Explanation for Decision-Makers
The AI Act is more than just legislation. It embodies a vision that intrinsically links technology development with European fundamental values such as data protection and fairness. The core objectives are clearly defined:
Protection of Fundamental Rights and Safety: The primary goal is to protect health, safety, and the rights enshrined in the EU Charter of Fundamental Rights.
Creation of Legal Certainty: Uniform rules for the entire internal market are intended to provide security for developers, suppliers, and users of AI systems, thereby promoting investment.
Promotion of Innovation: Contrary to many fears, the AI Act aims to facilitate the development and introduction of safe and trustworthy AI systems.
Establishment of an Internal Market: The regulation seeks to create a functioning market for AI applications where compliant products can move freely.
For your company, aligning with this law means not only meeting technical regulations. It signifies a commitment to a European technology model based on trust and responsibility.
The Risk-Based Approach: The Four Critical Categories
The heart of the AI Act is its risk-based approach. Instead of treating all AI applications equally, the regulation differentiates obligations based on the potential risk a system poses to health, safety, or fundamental rights.
Prohibited Risk (Unacceptable)
A small number of AI practices deemed incompatible with European values are banned. These include state social scoring, cognitive behavioral manipulation, or the indiscriminate harvesting of facial images from the internet for database creation.
High Risk
An AI system is classified as high-risk if it poses a significant risk to health, safety, or fundamental rights. This applies to AI systems in sensitive areas like personnel management (e.g., sorting resumes), credit allocation, or justice. Providers and users of such systems are subject to extremely stringent and demanding obligations, ranging from risk management to data quality and human oversight.
Limited Risk
This category is crucial for most companies in the service sector. It encompasses AI systems that have a specific risk of deception because they directly interact with people. The most prominent examples are chatbots and voice assistants.
In contrast to the high-risk category, obligations here are clear and manageable. The core requirement is transparency: you must clearly inform users that they are interacting with an AI system. By choosing a solution that by definition falls into this less regulated category, you consciously opt for the path of least regulatory resistance and avoid the enormous complexity of high-risk systems.
Minimal or No Risk
This is the default category for all other AI systems, such as AI-powered spam filters or inventory optimization systems. The AI Act does not impose any new legal obligations for these systems.
The Timeline: When the AI Act Becomes Relevant for You
The AI Act will come into effect in phases. Here are the key deadlines that you as a company should be aware of.
Date (Deadline) | What has come or will come into effect? | What does this mean for your company? |
|---|---|---|
August 1, 2024 | Formal commencement of the AI Act | The transition periods have begun. The countdown for evaluating your own AI strategy has started. |
February 2, 2025 | Ban on "unacceptable" AI systems | Immediate action was required: The use of such systems had to cease to avoid substantial fines. |
February 2, 2025 | Mandatory promotion of AI competence | A universal requirement for all companies using AI: You must ensure your employees have sufficient knowledge. |
August 2, 2025 | Rules for General-Purpose AI Models (GPAI) | From this day, providers of foundational models (e.g., GPT-4) must meet transparency and documentation obligations. Sanctions may apply. |
August 2, 2026 | General applicability of the regulation | The critical deadline for most companies. From this point on, obligations for high-risk systems and transparency obligations for limited-risk systems (e.g., chatbots) will apply. |
August 2, 2027 | Obligations for high-risk systems (in products) | Primarily affects companies in highly regulated industries like medical technology or critical infrastructure. |
Obligations for Companies: Provider vs. Deployer
The regulation clearly distinguishes between the role of the "provider" (who develops the AI) and the "deployer" (who uses the AI).
As a deployer of an AI system, your obligations are significantly lower than those of the provider and are primarily operational in nature. It is essential for you that the provider you choose has done its extensive homework. A compliant provider drastically simplifies your compliance tasks. Your key responsibilities are:
Usage as per instructions: Use the AI system according to the provider's instructions.
Human oversight: Define appropriate human oversight mechanisms for the use of AI.
Monitoring and reporting: Monitor the operation of the system and report any risks or incidents to the provider.
AI competence: Ensure that your personnel operating the system has the necessary AI competence.
The message is clear: you do not have to solve the complexity of the AI Act alone. Your to-do list is short when the provider's list is long and already addressed.
Special Focus SMEs: What You Need to Know Now
The AI Act applies to companies of all sizes. However, EU lawmakers have recognized that small and medium-sized enterprises (SMEs) need special support. Hence, there are initiatives like AI real labs ("Regulatory Sandboxes") for safely testing innovations and a proportional adjustment for fines.
For an SME with limited resources, the choice of AI provider is a fundamental strategic decision for risk minimization. The most effective strategy is to outsource compliance burdens by selecting a trustworthy provider deemed low-risk and ideally based in the EU. A partner that has already addressed the complexity of the AI Act in the product is, therefore, not merely a cost position but an investment in your own legal certainty.
What does this mean for your customer service?
For companies looking to optimize their customer communication through AI, the central takeaway is that systems like an AI telephone assistant usually fall under the "limited risk" category.
The most important requirement here is the transparency obligation. Callers must be clearly informed that they are speaking with artificial intelligence. This can be directly implemented in the product. However, specific functionalities raise further questions that are relevant for informed decision-making:
AI Act & Customer Service: Why Transparency in AI Telephone Assistants is Now Mandatory
GDPR-compliant? Perfect! How Your Data Protection Strategy Prepares You for the AI Act
High risk or not? How to Properly Classify Your AI-powered Customer Service
Trust as Currency: Why "Made in Germany" is Crucial in the Age of the AI Act
These key questions will be discussed in detail in the accompanying articles to provide you with a comprehensive understanding of the topic.
An AI Assistant, Built to be Compliant
The AI Act sets a new standard for trust. A good partner should accompany you on this journey by ensuring that their compliance is part of the product DNA.
Risk-minimized: An AI system classified as "limited risk" saves you from the complexity, costs, and legal risks of high-risk systems.
GDPR-tested: Proven GDPR compliance provides the perfect foundation for the data protection requirements that also play a role in the AI Act.
Transparent by Design: The legally mandated transparency should not be a workaround but a fully integrated feature of the product. AI assistants, like Safina, ensure that you meet transparency obligations automatically.
Made in Germany: A German solution with hosting in Germany embodies the European values of data protection and security, which are at the heart of the AI Act. This offers maximum legal certainty.
The introduction of the AI Act is a turning point. Companies that now choose the right partner not only make their customer communication compliant but also more trustworthy and thereby future-proof.
