Yes, a label is required. Inserting or removing objects in a way that changes the meaning and substance of the image is a change of content under the guidelines (para. 92). If the image then shows the product as different from what it is, the guidelines name that as a deep fake (example box after para. 116). If the accessories are not included in the delivery, the image can also be misleading, label or not (para. 129).
Labelling required
Adding or removing objects in a way that changes meaning and content is a change to the content. If the image then shows the product differently, it is a deep fake.
Rn. 92 · Beispiel nach Rn. 116
The label meets the labelling obligation. It does not allow showing the product differently from how it is. That can be misleading under competition law, with or without a label. Check whether you can use a real photo.
This classification follows the European Commission's guidelines on Article 50 AI Act. The guidelines are not binding; only the Court of Justice of the EU can interpret the law bindingly. You make the decision.
The example
A candle store photographs a scented candle in a glass. The AI adds a wooden lid, a wick trimmer and two spare wicks beside it. The parcel contains only the candle in its glass.
The answers in the labelling check
- Was an AI tool used to create or change this image?
Yes - Who used the AI tool?
Me or someone on my team - When was the image created or last changed with AI?
On 2 August 2026 or later - What did the AI do to this image?
It added or removed objects. - What was added or removed?
Something on or related to the product, such as accessories, parts, labels, defects, other products - Is the image itself part of an artwork, satire or fiction, and is that immediately obvious to everyone?
No, it is an advertising or product image
Adapt these answers in the labelling check
When the result changes
- If you photograph the real accessories, Article 50(4) does not apply (product photo without AI).
- Arranging several real product photos into a set has only a minor impact, so a label is generally not required under the guidelines (para. 116).
- For clutter unrelated to the product, see objects removed; for scenes showing use or size, see AI scene showing size or use.
What to do
- Show only what is included in the delivery, and leave real defects such as scratches or stains in the picture.
- If you use the image, add the “AI” label with the words “AI-modified” wherever it appears.
How the disclosure can read
AI-modifiedLabel: AI · AI-modified
AI-modified image
This photo was modified with artificial intelligence (AI). Modified: objects were added or removed.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
It is only decoration next to the product. Why is a label required?
Objects related to the product shape what customers expect. A purely decorative setting that says nothing about the product is a different case (para. 116).
Is a note saying “accessories not included” enough?
No. It is about what is included and does not replace the AI label, which discloses the change made with AI (Article 50(4) AI Act).
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- Commission Guidelines on the transparency obligations under Article 50 AI Act, C(2026) 5054 finalEuropäische Kommission · Commission · 20 Jul 2026
- Regulation (EU) 2024/1689 (AI Act)EUR-Lex · Law · 12 Jul 2024
- Code of Practice on Transparency of AI-Generated Content (final version)Europäische Kommission · Code of practice · 10 Jun 2026
- German Act against Unfair Competition (UWG)gesetze-im-internet.de · Law · 27 Sept 2026
