Labelling recommended. A company that merely commissions an agency, without deciding whether and how it uses AI, is not the deployer under the guidelines (para. 14). The guidelines still recommend preserving existing labels and informing customers (paras. 16, 17). If you wanted, specified or approved the use of AI, you are the deployer yourself.
Third-party image, labelling recommended
Under the guidelines you are probably not the deployer for this image: the deployer is whoever decided on the use of AI. The guidelines still recommend keeping existing labels and informing customers. An image that shows the product better than it is remains misleading under competition law, no matter who created it.
Rn. 14 · Rn. 16 · Rn. 17
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 cosmetics store commissions an agency to produce images for its autumn campaign, without any instructions on technique. It only learns from the invoice that the autumn scenes were made with AI.
The answers in the labelling check
- Was an AI tool used to create or change this image?
Yes - Who used the AI tool?
An agency working for me. I did not decide on the use of AI.
Adapt these answers in the labelling check
When the result changes
- If you specified, requested or approved the use of AI, the normal decision tree applies, even if the agency operates the tools (para. 14), for example AI model or AI lifestyle scene.
- For AI images made by employees working under your instructions, you are the deployer (para. 14).
- For images from the manufacturer, see supplier images.
What to do
- Ask the agency which images were created or changed with AI and whether it classifies them as deep fakes. Ask it to supply the classification and the label.
- The agency is a deployer itself and should make sure its label reaches the audience (para. 12). You can require that in the contract.
- Add the “AI” label with the right wording in your store and preserve any labels from the agency.
- For future commissions, decide whether AI may be used. That makes you the deployer (paras. 12, 14).
How the disclosure can read
AI-generatedLabel: AI · AI-generated
AI-generated image
This image was entirely generated with artificial intelligence (AI). It is not a photograph.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
I accepted the images. Did I decide on AI by doing so?
Only if you approved the use of AI at that point, because the labelling check treats approval like an instruction. If you knew nothing about it, you did not decide on it. When in doubt, the answer “under my instructions” is the more cautious choice.
Does this also apply to freelancers and photographers?
Yes. If they work to your specifications and under your control, you remain the deployer (para. 14). If they alone decided on the use of AI, the same applies as for the agency.
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
