Yes. Under the European Commission's guidelines, a realistic AI model is a deep fake even if the person does not exist. It is enough that they could plausibly exist (para. 113 ii and iii). Since 2 August 2026 the image therefore needs a visible label under Article 50(4) of the EU AI Act, for example “AI” with the words “AI-modified”.
Labelling required
Realistic AI people are explicitly covered, even if the person does not exist. The guidelines name AI influencers and simulated people in ads as deep fakes.
Rn. 113 ii · Rn. 113 iii · Beispiele nach Rn. 116 und Rn. 124
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 fashion label photographs a new cardigan on a shop mannequin. An AI tool swaps the mannequin for a young woman. The image runs on the product page, in the collection grid and in the newsletter.
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 created, inserted or changed a person, such as a model, face, skin, body or pose. - How is the person shown?
Realistically, like a real human - What did the AI do with the person?
The person was entirely generated by AI (AI model, avatar) - 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 the AI makes the cardigan look different from the real one, for example in colour or fit, the label does not make the image acceptable (colour variant made with AI).
- If the AI changed a real model's face or body, you will usually also need the model's consent (face or body changed).
- A clearly drawn figure is not a realistic person, so a label is not required under the guidelines (para. 113 iii, illustration with fantasy characters).
- If the whole image, clothes included, comes from the AI, the wording is “AI-generated” (AI product image).
- For images demonstrably created before 2 August 2026, see legacy images.
What to do
- Put the label on the image itself, top right and visible without a click.
- Label the image wherever it appears, including the collection page, where customers often see it first (para. 143).
- On Google Shopping, in a Meta catalogue or in a newsletter, add the label yourself, for example burned into a copy of the image.
- Record your assessment with the date, answers and result.
How the disclosure can read
AI-modifiedLabel: AI · AI-modified
AI-modified image
This photo was modified with artificial intelligence (AI). Modified: the person shown.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
Is a note in the legal notice or the terms enough?
No. Information that is easily overlooked, for example in terms of use or deep in menus, is not clear and distinguishable under the guidelines (para. 142).
My customers can spot AI models. Do I still need to label?
Yes. The guidelines look at the whole foreseeable audience, including children, older people and people with little AI literacy (para. 115). No intention to mislead is required (para. 114).
Is the marking that the AI tool writes into the file enough?
No. People do not immediately perceive machine-readable markings, so as a deployer you cannot rely on them (para. 117).
What does the Wettbewerbszentrale say about AI models?
Its guide (version 2.0), published by Germany's main self-regulatory body for fair competition, treats AI influencers and “AI models” as requiring a label. For a photorealistic woman in a swimwear ad it advises labelling to be on the safe side.
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
- EU icons for labelling AI-generated contentEuropäische Kommission · Commission · 24 Sept 2026
- Wettbewerbszentrale, guide on labelling AI-generated content, version 2.0Wettbewerbszentrale · Association · 29 Jul 2026
