Right to lodge a complaint
If you have grounds to consider that there has been an infringement of the provisions of Regulation (EU) 2024/1689 (AI Act), you have the right to complain to the relevant market surveillance authority (Article 85 of the AI Act).
The Bundesnetzagentur has established a central point for complaints for this purpose as set out in section 8 of the German Act on the market surveillance and support of innovation of artificial intelligence (KI-MIG).
Oversight by the Bundesnetzagentur
The Bundesnetzagentur does not just deal with incoming complaints but can also take action of its own accord to stop infringements of the provisions of the AI Act. It is possible to challenge decisions of the Bundesnetzagentur under administrative law.
The Bundesnetzagentur is the central point for complaints about infringements of the provisions of the AI Act.
Please read the following information before submitting a complaint.
Who can lodge a complaint with the Bundesnetzagentur?
Any natural or legal person affected by AI systems has the right to lodge a complaint (Article 85 of the AI Act). The following operators can also lodge complaints:
- providers of AI systems
- downstream providers
- deployers of AI systems
- authorised representatives
- importers
- distributors
What can I complain about?
Complaints can relate to any infringement of the substantive provisions of the AI Act. Typical issues might be:
Am I in the right place?
Not all AI-related problems come under the AI Act. If they are about how personal data is handled, the data protection authority is usually responsible. Complaints regarding the content of large online platforms are the responsibility of the Digital Services Coordinator, while for media content it may be the media authorities of the federal states. If you are not sure, just send your complaint to us. We will look at it and, if necessary, send it on to the responsible body.
Please send complaints about
- AI systems based on general-purpose AI models where the provider of the AI system is also the provider of the model or belongs to the same company, and
- AI systems that are very large online platforms (VLOPs) or very large online search engines (VLOSEs) within the meaning of the DSA or are integrated into a VLOP or VLOSE
to the AI Act Service Desk of the European Commission. You can reach their complaints form directly by clicking on this link.
What should I bear in mind when lodging a complaint?
There are no deadlines or requirements as to form when complaining to the central point for complaints at the Bundesnetzagentur. However, you can only use the online form (see below) to submit your complaint, not email.
Please give as much detail as possible about what happened and where you suspect an infringement of the AI Act. If we need further information, we may contact you with additional questions about the matter.
What information is helpful in examining your complaint?
- Which AI system, product or offer are you complaining about? (name, provider, link)
- What exactly occurred and when?
- Why do you think that was an infringement of the AI Act?
- Any evidence such as screenshots, links and documents
- Your contact details in case of further questions (see data protection notice)
How much does it cost and how long does it take?
You do not have to pay anything to lodge a complaint. You will receive a conformation of receipt. The processing time may vary depending on, for example, how complex the case is and the current caseload. We make every effort to examine your complaint as quickly as possible and to get back to you. We will inform you as soon as we have made a decision.
What about data protection and confidentiality?
You can find out about how we handle your data in our data protection statement.
How will my complaint be dealt with?
The Bundesnetzagentur receives complaints about infringements of the provisions of the AI Act. Depending on what they are about, the Bundesnetzagentur either processes them itself or forwards them to the relevant market surveillance authority or the relevant public body, which then takes over the investigation. You will be informed when your complaint has been received and if it is forwarded.
What about cross-border cases?
For cross-border cases, the complaint can either be led by the relevant market surveillance authority in the country where the provider is based or the complaint can be submitted to the central point for complaints in Germany.
Lodge a complaint
Please note that complaints are not accepted by email but only via the
form provided.
