Private Enforcement of AI Act Copyright Provisions in Germany
This post examines the potential for private enforcement of the AI Act’s public-law product safety provisions under German law, specifically through Sections 823(2) of the German Civil Code and Section 3a of the German Act Against Unfair Competition. It concludes that such enforcement should be possible, highlighting the advantages of claims for injunctive relief under the UWG compared to those under the BGB.
February 14, 2025