AI labelling in Germany

Authority and complaints

The KI-MIG is Article 1 of the act implementing the AI Act of 22 July 2026. Under its section 2(1), the Federal Network Agency is the market surveillance authority for the AI Act. It is also the contact point and complaints office. Ordinary online stores fall under it; the exception in section 2(8) KI-MIG concerns media service providers.

Anyone can complain, free of charge and without a deadline, through the online form and not by email (section 8 KI-MIG, Article 85 AI Act). The agency can ask retailers how they label (guidelines para. 148). A record of your decisions helps in that case.

The Commission's list of 7 September 2026 still shows Germany's designation as pending final adoption. That does not change the law.

Fines

Article 50 is not in the KI-MIG's list of fines. Breaches are fined directly under Article 99(4)(g) AI Act, up to EUR 15 million or 3 % of worldwide annual turnover, whichever is higher. For SMEs the lower of the two applies (paragraph 6), so with EUR 2 million in annual turnover the ceiling is EUR 60,000. The actual amount depends on the case, for example severity, duration, cooperation and the measures taken (paragraph 7). See fines.

Unfair competition law

Most commentators treat Article 50(4) as a rule governing market conduct under section 3a UWG. The Federal Court of Justice has not ruled on it. If that view holds:

• Competitors can demand that you stop (sections 3a and 8 UWG), but cannot claim their costs for labelling breaches in e-commerce (section 13(4) no. 1 UWG). A contractual penalty is excluded for a first warning to a retailer with fewer than 100 employees (section 13a(2) UWG).
• Business and consumer associations can act as well, and the cost exclusion does not apply to them.
• If the AI image shows the product differently from what it is, it remains misleading despite the label (section 5 UWG, recital 137 AI Act).

Label language

German law does not generally require German in advertising. The Code of Practice uses "AI" as the main element. The Wettbewerbszentrale, Germany's self-regulatory body against unfair competition, recommends German terms when in doubt (guide version 2.0, 29 July 2026). "AI" as the icon with "KI-generiert" or "Mit KI verändert" visible next to it fits both readings. The label tool can do both.