Generates content with AI, in Germany

Gesetz gegen den unlauteren Wettbewerb (UWG), BGBl. I S. 2949 (2004), zuletzt geändert, §§ 5, 5a

• Do not engage in misleading commercial practices, including misleading by omission.
• Disclose the AI nature of an interaction when using an AI chatbot for commercial communications.
• Do not falsely represent a product as AI-powered.
• Do not conceal that a communication is automated.
• Do not make misleading statements through an AI chatbot, including hallucinated claims about products or competitors.

Medienstaatsvertrag (MStV), § 18 Abs. 3 · Read the law's page

• If you operate an automated account in a social network whose profile looks like one provided for natural persons, label each piece of content or message that a computer programme creates automatically as created and sent automatically using a programme that controls the account (Medienstaatsvertrag, section 18(3)).
• Place the notice legibly before or beside the content or message; it counts as automatic creation also where the programme sends a prepared content or a pre-programmed message (section 18(3)).
• If you provide a media intermediary that offers a social network, ensure that telemedia within the meaning of section 18(3) are labelled (section 93(4)).

Regulation (EU) 2024/1689, Arts. 5, 50 — directly applicable in Germany as EU Member State

• Tell users they are interacting with an AI chatbot or voice agent.
• Mark generative AI outputs as artificially generated in machine-readable form.

Diskussionsentwurf der Rundfunkkommission der Länder für einen Digitale Medien-Staatsvertrag (DMStV) Teil 2, Medienstaatsvertrag §§ 77a bis 77g (neu) · Read the law's page

• Name an authorized recipient of service in Germany and point to that person in an easily recognizable and directly accessible way in your offering.
• Take responsibility for the content your AI information system generates.
• Keep easily perceivable, directly accessible and permanently available information on how your AI information system works, in understandable language.
• For news and political information content, state how likely the statements in newly generated content are to be accurate.
• Do not discriminate against third-party journalistic and editorial offerings without an objective reason.
• Make sure reproduced news and political content reflects the sources used without distorting their meaning.
• Hand the documents the state media authority asks for to that authority.

Entwurf eines Gesetzes zur Modernisierung des Produkthaftungsrechts · Read the law's page

• If you develop or make software, or have it designed or made, you answer as its manufacturer; free and open-source software developed or supplied outside a business activity is outside the definition of a product (§§ 2(1) No. 3 and 3).
• Keep supplying the software updates and upgrades needed to keep the product safe while the product is within your control: if you are able to provide them yourself or through a third party you keep control, and a defect caused by software, by an update or upgrade, or by a missing necessary update is not excused because it arose after you put the product into circulation (§§ 8(2) and 9(2)).
• Meet the product-safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in judging whether it is defective (§ 7 No. 5), and failing a binding product-safety requirement that protects against the injury presumes it defective (§ 20(1) No. 2).
• Account for what your product learns or acquires after it is put into circulation: the effect of that ability is weighed in judging whether it is defective (§ 7 No. 3).
• Keep records you could produce if a court orders disclosure on a claimant's plausible claim; failing to disclose despite the order presumes the product defective (§§ 19(1) and 20(1) No. 1).
• If you hold relevant evidence for a product liability claim against someone else, the court can, on the claimant's application, order you as a third party to disclose it, limited to what is necessary and proportionate, except to the extent you may refuse to testify under sections 383 to 385 of the Code of Civil Procedure (§ 19(1) and (3)).
• If you are a manufacturer outside the EU, your importer into the EU market and your representative appointed in writing and established in the EU are liable as the manufacturer is, and where there is neither, the fulfilment service provider is liable too (§§ 10 and 11).
• If you make a product available in the supply chain without being its manufacturer or importer, or run an online platform that lets consumers conclude distance contracts with traders where the conditions of Article 6(3) of the Digital Services Act are met, you are liable as the manufacturer is when no manufacturer, importer, representative or fulfilment service provider established in the EU can be identified, unless within one month of receiving the injured person's request you name one of them or your own supplier of the product (§§ 12 and 13).
• If you substantially modify a product without the manufacturer's consent and then make it available on the market or put it into operation, you are the manufacturer of the modified product (§ 5(1)).
• Do not rely on a contract term to limit or exclude your liability to an injured person; departing from the Act to their disadvantage is not allowed (§ 18).
• You are excused if you did not put the product into circulation, if the defect results from the product meeting legal requirements, or if the defect could not be recognized according to the objective state of science and technology at the relevant time (§ 9(1)).
• Claims lapse three years after the creditor learned, or should have learned, of the defect, the damage and the identity of the debtor, and expire ten years after the product was put into circulation or into operation, or 25 years for a latent personal injury (§§ 16 and 17).

Entwurf eines Neunten Staatsvertrages zur Änderung medienrechtlicher Staatsverträge (Digitale Medien-Staatsvertrag Teil 1), Artikel 1 Nr. 10, Medienstaatsvertrag § 111 Abs. 5 (neu) · Read the law's page

• Submit to supervision by the competent Landesmedienanstalt as market surveillance authority if you are a media service provider that places an AI system on the market, puts it into service or uses it to provide media services for journalistic or advertising purposes.