The German government generally welcomes the EU approach of reviewing the existing EU legal framework to determine whether the present legislation already covers the risks and requirements of AI applications and which adjustments may be required. The envisaged approach to also implement AI specific legislation is also appreciated by the Federal Republic.

The Federal Government supports the view of the European Commission that the framework should be based on an opportunity and risk-based approach to ensure proportionality of regulatory intervention. While the European Commission proposes the implementation of new AI specific requirements only for "high risk" AI applications, the Federal Government proposes a more specific classification scheme to be appropriate. In this respect, the envisaged regulatory approach must take into account various characteristics of different AI systems. Thus, Germany's statement deviates with the European Commission's approach in one of the key areas of the White Paper's proposal.

Additionally, the Federal Government emphasizes the importance to specifically outline the principles for a trustworthy AI (e.g. with regard to transparency, traceability, non-discrimination, possibility of human final decision, accountability, impact assessment or accessibility).

Please note this blog post was written by a Clifford Chance LLP employee. Clifford Chance LLP is the parent company of Clifford Chance Applied Solutions (CCAS). The content within this post does not constitute legal advice.