Generally not required under the guidelines. Their own example: a real product, such as a car, in front of an AI-generated background is not a deep fake as long as the ad is not likely to mislead about the product's representation, characteristics and use (example box after para. 116). Backgrounds replaced for clearly aesthetic purposes have only a minor impact (para. 116). The decision is yours.
Labelling not required under the guidelines
A background replaced or extended for purely aesthetic purposes has only a minor effect under the guidelines. Their example: a real car in front of an AI background, as long as the ad does not mislead about the product.
Rn. 116 · Beispiel nach Rn. 116
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 home decor store photographs a vase on white. An AI tool places it on a sand-coloured surface with a soft shadow in front of a blurred wall. The vase itself is unchanged. Size, colour and shape match the goods.
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 generated, replaced or extended the background or setting. - What does the new background show?
A neutral or decorative setting that says nothing about the product, such as a studio surface, gradient, room or landscape
Open these answers in the labelling check and adapt them to your image →
When the result changes
- The scene says something about the product, such as use, size or location: then “decorative” no longer fits. If the scene can create a false impression, a label is required (AI scene showing size or use), otherwise recommended (AI lifestyle scene).
- The AI also changed the product, such as its colour, gloss or shape: then the product question decides. See colour variant.
- You only removed the background, for example to white: standard editing. See background removal.
- You are not sure whether the background says something about the product: then the labelling check recommends the label.
What to do
- Check that the product itself is unchanged: shape, colour, material, size.
- Check that the background does not suggest anything about size, use, effect or what is included.
- Record the assessment with a date and the reason (para. 116).
- You may label voluntarily. Then use wording that is true, such as “edited with AI”, not “AI-generated”.
Frequently asked questions
Why is this not a deep fake when the background comes from AI?
The guidelines ask whether the change affects how authentic or truthful the image appears. Backgrounds replaced or extended for clearly aesthetic purposes are likely to have only a minor impact in product advertising (para. 116).
Does that also apply if the background is photorealistic?
Yes, as long as it is purely decorative and says nothing about the product. According to the guidelines' example, what matters is that the ad does not mislead about the product's representation, characteristics and use (example box after para. 116).
Can I add a label anyway?
Yes, voluntarily. Choose wording that is accurate, such as “edited with AI”. “AI-generated” would be wrong for a real product photo.
Sources
All sources read in full. Paragraph numbers (para.) refer to 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
Not legal advice. This content explains the law based on primary sources; it does not replace an assessment of your individual case.
AI-generated
