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Market Surveillance

Jurisdiction

Enforcement of the AI Act takes place at two levels:

EU Level

  • AI Office (within the European Commission) — responsible for GPAI models and systemic risks
  • AI Board — coordination body of the Member States

National Level

  • Market surveillance authorities — responsible for high-risk AI and other obligations
  • Notifying authorities — supervision of notified bodies

Each Member State was required to designate its competent authorities by 2 August 2025.

Germany

In Germany, responsibility is expected to lie with:

  • Bundesnetzagentur (BNetzA) as the central market surveillance authority for the AI Act
  • Potentially sector-specific authorities for particular areas of application

Powers of the Authorities (from August 2026)

  • Access to AI systems and their documentation
  • Access to source code (under certain conditions)
  • Access to training data and test data
  • Ordering corrective measures
  • Market withdrawal and recall
  • Imposition of fines

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