The use of machine learning is associated with great hopes for the realization of a smart factory. This article aims to highlight the Potenzial and obstacles to the use of machine learning in real-life industrial manufacturing scenarios in the European economic area. Technical, organizational and current legal framework conditions are categorized. Finally, the article presents a tool that, based on the current technical regulations and recommendations for action, allows component and system manufacturers to carry out an initial risk assessment of AI applications in their products.