Part 3: Regulation Is Your Ally – Not Your Enemy
In the first part of this series, we explained how companies fail with AI projects because they ask the wrong questions. In the second part, we showed how reliable AI systems are created – by combining analytical and generative AI.
Now comes the third and perhaps most counterintuitive part: why regulation – especially the BaFin requirements – is not your obstacle, but your competitive advantage.
This is a thesis that is not easy for many entrepreneurs. But if you understand it, you win.
The Widespread Perception: Regulation as a Killer of Innovation
Yes, BaFin (German Federal Financial Supervisory Authority) has strict requirements for AI. Yes, there is regulation. And yes, many companies – especially in the financial sector – see this as an innovation killer.
That is an understandable attitude. Regulation means compliance effort. It means documentation. It means audits. For many companies, this sounds like slowing down – not speeding up.
But this perception is – and this is perhaps the most counterintuitive thesis of this series – completely wrong.
What Regulation Really Means
First, the basic question: What is regulation anyway?
Regulation is a democratic principle. First and foremost, it serves the security and prosperity of society. Regulation not only protects companies, but also citizens – the customers and investors who are affected by AI systems.
In Germany and Europe, AI regulation is implemented pragmatically. Take BaFin: it does not define “what an AI is” – that is difficult anyway and would quickly become outdated. Instead, it describes the characteristics of AI and defines how AI systems must behave.
This is also the case with every other machine:
- An elevator must behave reliably. It must not fall suddenly.
- A power plant must behave reliably. It must not break down without warning.
- A car must behave reliably. Its brakes must work.
Why shouldn’t an AI that controls critical business processes in a bank, i.e. makes decisions that have financial consequences for people, also be reliable?
The answer is logical: it should. And that is exactly what BaFin is demanding.
The Crucial Point: Regulation = Reliability = Competitive Advantage
This is the crucial point that many companies overlook:
What companies have to do to meet regulatory requirements is not only necessary for regulation. It is a prerequisite for developing and operating reliable, cost-effective AI solutions in the first place.
What does that mean in concrete terms?
- Understand your data: You need to know where your data comes from, how representative it is, where there are gaps. This is not only necessary for regulatory purposes – it is the basis for your AI to work at all.
- Create transparency: You must be able to explain how your AI arrives at a decision. Not because BaFin requires it, but because otherwise you won’t know whether your system is trustworthy.
- Enable explainability: You must ensure that not only the AI experts, but also the management and risk managers understand what the AI is doing. This is the basis for reliable decisions.
These are not onerous regulatory requirements – they are the basis for risk-minimizing and trustworthy decisions.
This is the point where thinking is reversed: companies that see regulation as an opportunity and fulfill it from within – not as enforced compliance – gain a massive competitive advantage.
The Win-Win: Compliance + Competitive Advantage
Companies that understand this not only generate compliance, but also a real competitive advantage:
- Better data: You understand your data better and can use it to build better AI systems.
- More transparency: You can see more clearly where problems are and can react more quickly.
- More control: You have real governance over your AI systems instead of having to rely on black boxes.
- Better decisions: You make better, more informed decisions because you understand the basics.
This is not the opposite of an innovation killer – this is an innovation accelerator.
The Global Perspective: Germany as a Locational Advantage
Here is another point that is important: companies that build or use AI systems in Germany under BaFin regulation have a global advantage in the long term.
Why? Because the standards that apply in Germany/Europe are rising worldwide. Other countries are following suit. Companies that already build to high standards are better positioned for the future.
This is comparable to the car industry: German safety standards in cars have become an export guarantee worldwide. Companies that build to high standards gain trust and market access.
The same is now happening with AI and regulation.
Summary of the Three Findings
This concludes our three-part series. Let us summarize the three key findings once again:
- Ask not what you can do with AI, but what problem you can solve with your data using AI.
Focus on specific business problems, not on AI technology for its own sake. Problem → algorithm → data. That’s the right logic.
- Calculating instead of guessing: Reliability requires data-centric control of AI based on precise metrics.
Combine analytical AI with generative AI. Measure everything. Make processes transparent and traceable. This is the basis for trust and value creation.
- Regulation and reliability in automation: data transparency creates a win-win.
Don’t work against regulation, see it as an opportunity. Companies that build transparency and explainability generate real competitive advantages and secure, risk-minimizing AI systems.
The Bottom Line for Decision-Makers
For financial decision-makers – and for decision-makers in all other industries – the time for unthinking AI pilots is over.
The hype will die down. The 95% failure rate will persist until companies start to think more systematically. Until they understand their data. Until they make their processes transparent. Until they establish real governance.
Companies that do this now will have a massive advantage in 2-3 years. They will have effective AI systems. They will save costs. They will make better decisions. And yes – they will also be regulatory fit.
This is not a burden. This is securing the future.
The era of responsible, data-centric AI is now beginning.
CEO of MORESOPHY
Heiko Beier is a professor of media communication and an entrepreneur specializing in data analytics and artificial intelligence. As an expert in cognitive business transformation, he supports companies in various industries in the design and implementation of digital business models based on smart data technologies.
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