With the entry into force of the European AI Regulation (AI Reg), the AI Market Surveillance and Innovation Promotion Act (AI-MIG) now also comes into effect. It implements the AI Reg in Germany from an organisational perspective. This entails further requirements for public contracting authorities wishing to procure AI systems:

• Understanding supervision: The Federal Network Agency will become the central market surveillance authority. In certain sectors and in relation to state AI systems, specialist authorities or those established under state law will remain responsible.
• Integrating GDPR obligations into the procurement process: Risk classification, compliance requirements, transparency and documentation obligations, as well as the contractor’s obligations to cooperate, must be set out in the specifications and the contract. The competence requirement (Article 4 of the AI Regulation) already applies.
• Adjust the procedure and service specification: In the case of complex AI procurement, negotiated procedures or competitive dialogue are often considered. The specifications must be precise and take the product lifecycle into account.
• A practical approach: Determine the risk category at an early stage, include AI-specific clauses and build up in-house expertise.

Further details, practical guidance and specific wording suggestions for tender documents are available at our seminar on 30.09.2026 on the allocation of AI. Here You can log in.