AI Competence According to the EU AI Act: What Companies Need to Know
As a lawyer in the digital sector and entrepreneur, I have been following the development of the EU AI Act since its inception. The requirement for “sufficient AI competence”, which will apply from February 2025, raises fundamental questions for many companies. This regulation goes beyond mere formal compliance. It is about strategic positioning in the rapidly developing field of artificial intelligence, presenting both challenges and opportunities for future-oriented businesses.
The Legal Basis of AI Competence
The EU AI Act defines “sufficient AI competence” as a fundamental requirement for companies that utilize AI systems. This encompasses more than just the technical expertise of individual employees. It demands a comprehensive understanding of AI systems within the corporate context.
The regulation stipulates that companies must demonstrate how they ensure and maintain this competence. This includes both the technical aspects of the AI systems used and an understanding of their impact on business processes and stakeholders.
Particularly important is that the requirements vary depending on the risk classification of the AI systems deployed. Stricter requirements apply to high-risk AI systems, while those for lower-risk systems are adapted accordingly. This differentiation is crucial for practical implementation within a company.
The AI Act provides for a dynamic risk assessment that must be regularly reviewed and adapted. Therefore, companies must establish processes that enable continuous evaluation and adaptation of their AI competence.
The AI Officer – Compulsory or Optional?
Contrary to common misconceptions, the appointment of a dedicated AI officer is not mandatory under the AI Act. Nevertheless, practical experience shows that a central coordination office for AI compliance is highly beneficial.
The necessary competencies can also be distributed among several individuals or departments, provided that responsibilities are clearly defined and documented. The decisive factor is not the formal position, but the effective bundling and coordination of the required competencies within the company.
Key areas of expertise extend far beyond purely technical understanding:
- In-depth knowledge of AI systems and their functioning, including the ability to recognize risks and limitations.
- Comprehensive legal expertise in AI regulation, data protection, and industry-specific compliance requirements.
- Profound business process understanding and experience in implementing AI systems.
- Professional risk management and continuous compliance monitoring.
- Effective change management and systematic employee training.
- Strategic communication skills for collaboration with various stakeholders.
Specific Requirements for AI Expertise
The AI Act defines different levels of required competence that extend well beyond technical understanding. Fundamentally, companies must be able to demonstrate that they:
- Fully understand how their AI systems work and can assess their impact on business processes.
- Can systematically identify, assess, and minimize potential risks.
- Can not only implement compliance requirements but also continuously monitor and adapt them.
- Can meet comprehensive documentation requirements and ensure they are up-to-date.
- Train employees regularly and as required, promoting their skills development.
These requirements must be implemented in practice through concrete, verifiable measures. It is particularly important that competence is not only formally documented but is actively practiced and continuously developed in day-to-day business.
Practical Implementation of AI Competence
Practical implementation requires a structured, multi-stage approach. Companies must:
- Conduct a comprehensive inventory of their AI systems, including a detailed risk analysis.
- Precisely identify the required skills and match them with existing resources.
- Systematically evaluate existing expertise and identify development potential.
- Plan and implement targeted training measures, then review their effectiveness.
- Establish effective monitoring systems that enable continuous review and adaptation.
- Implement documentation processes that allow for proof of AI competence at all times.
The continuous development of AI expertise is particularly important. Both technology and regulatory requirements are constantly evolving. Therefore, companies must create flexible structures that enable agile adaptation to new developments.
Outlook and Possible Support Services
Implementing the AI competence requirements will pose a complex challenge for many companies. As a lawyer with many years of experience in the digital sector, I am currently engaged in initial discussions regarding the possible development of training formats. These could support companies in the practical implementation of the AI Act requirements.
Whether and in what form such training courses will be realized is currently still in the conception phase. Consideration is being given to practice-oriented formats that could cover both the legal basis and concrete implementation in day-to-day business. Interested companies are welcome to contact me for further information.
The coming months will show how the practical implementation of the AI Act develops and what specific support needs arise. As a lawyer with my own entrepreneurial experience, I will closely monitor these developments and adapt my advisory services accordingly.
Conclusion
The EU AI Act's requirement for sufficient AI competence marks a significant shift for companies utilizing artificial intelligence. It necessitates a holistic approach to understanding, managing, and continuously developing AI capabilities within an organization. Proactive engagement with these new regulations is crucial for maintaining compliance and leveraging AI effectively for future business success.