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ARTICLE · 27 AUGUST 2026

Investment Management Client Alert August 2026

K&L Gates
K&L Gates
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Germany's implementation of the EU AI Regulation assigns BaFin as the market surveillance authority for AI systems in financial services, while new guidance clarifies investment product classifications under PRIIPs and establishes transitional rules for ESG rating providers. BaFin also provides supervisory guidance on the Payment for Order Flow ban affecting investment firms and neo-banks.

GermanyFinance and Banking

Law Implementing the EU AI Regulation Takes Effect

On 29 July 2026, the Law Implementing the European Union (EU) Artificial Intelligence (AI) Regulation (Regulation (EU) 2024/1689) came into force. It has generally been directly applicable since 2 August 2026 and has established a uniform legal framework for the development, placing on the market, putting into service, and use of artificial intelligence systems (AI systems) in the EU. A key component of this act is the Act on Market Surveillance and the Promotion of Innovation in Artificial Intelligence (AI-MIG).

Section 2(3) of the AI-MIG assigns the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin) the role of competent market surveillance authority for AI systems directly related to a regulated financial activity that are placed on the market, put into operation, or used by certain companies supervised by BaFin. This applies in particular to credit institutions, financial services

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