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Practice area · AI Law & AI Act

AI Law in Germany: EU AI Act Compliance, AI Contracts and AI Policies

The EU AI Act applies in stages and affects almost every company using AI. We help providers and deployers classify their AI systems, implement the obligations that actually apply and draft AI policies and contracts.

AI Law and the EU AI Act – horak Rechtsanwälte
Prohibitions and the AI literacy duty apply since 2 February 2025.
Transparency duties under Art. 50 apply from 2 August 2026.
High-risk rules were postponed: Annex III from 2 Dec 2027, Annex I from 2 Aug 2028.

The AI Act timeline

The AI Act (Regulation (EU) 2024/1689) regulates AI systems according to risk. Prohibited practices and the obligation to ensure sufficient AI literacy of staff (Art. 4) apply since 2 February 2025; obligations for general-purpose AI models since 2 August 2025. With the Digital Omnibus (Regulation (EU) 2026/1744), the high-risk obligations were postponed to 2 December 2027 for stand-alone systems under Annex III and to 2 August 2028 for AI in regulated products under Annex I.

Provider or deployer?

Most companies are deployers: they use AI systems under their own authority. Anyone who develops an AI system or places it on the market under its own name is a provider – and anyone who substantially modifies a third-party system or rebrands it may become one, with far more obligations.

Beyond the AI Act

Using AI also raises questions of data protection (legal basis, transparency, automated decisions under Art. 22 GDPR), copyright (training data, protection of AI output), trade secrets and employment law, including co-determination rights of works councils. We combine legal and technical expertise to address all of these in one consistent approach.

Case studies: AI Law & AI Act

01

AI inventory for a manufacturer

SituationAn industrial company did not know how many AI features were built into its software tools.
Our approachWe recorded 23 applications, classified them by role and risk and prioritised the two relevant systems.
OutcomeThe company now has a maintained register and a roadmap to 2027.
02

Staff using public chatbots

SituationEmployees entered customer data into free chatbot accounts.
Our approachWe drafted an AI policy, recommended an enterprise account with a data processing agreement and delivered AI literacy training.
OutcomeUse moved to approved tools; the AI literacy obligation is documented.
03

Software vendor integrating a language model

SituationA vendor built an AI assistant into its product based on a third-party model.
Our approachWe determined the roles under the AI Act, drafted user transparency notices and aligned customer contracts with the model provider’s terms.
OutcomeThe feature launched with clear notices and a balanced allocation of liability.

The examples are typical, anonymised and simplified scenarios from our practice. Every case is different – the outcome depends on the individual circumstances.

Our services: AI Law & AI Act

  • AI inventory and risk classification
  • AI policies and AI literacy training
  • AI contracts for buyers and vendors
  • GDPR and data protection impact assessments
  • Copyright and AI
  • AI in HR and works council agreements

How we work with you

ContactBy phone, email or online booking. If deadlines are running, please call us directly – urgent matters are reviewed immediately.
Initial assessmentWe review contracts, letters and technical documents and tell you openly where the risks and opportunities lie.
ProposalYou receive a clear plan with transparent costs – as a fixed fee or budget if you wish.
ImplementationWe negotiate, draft and enforce – out of court, in arbitration or before the courts.

FAQ: AI Law & AI Act

Does the AI Act apply to my company?

Very likely, if you use AI systems professionally. Most deployers mainly need to ensure AI literacy and, depending on the system, comply with transparency duties. Extensive obligations apply to providers and deployers of high-risk systems.

What are the fines under the AI Act?

Up to EUR 35 million or 7 % of global annual turnover for prohibited practices, and up to EUR 15 million or 3 % for other breaches. Lower amounts apply to SMEs.

Is AI-generated content protected by copyright?

Under German law, copyright requires a human intellectual creation. Purely machine-generated output is generally not protected; human creative input may establish protection.

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