Not required under the guidelines. They list deleting backgrounds that are visible in the original file as standard editing (para. 92). In product advertising such edits have only a minor impact on perception (para. 116). The condition: the product itself stays unchanged. The decision is yours.
Labelling not required under the guidelines
The guidelines list minor colour correction, brightening, sharpening, cut-outs and filling borders as standard editing with a minor effect.
Rn. 92 · 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 store photographs scented candles on the kitchen table. An AI tool cuts the candles out and places them on pure white for the collection page. Shape, colour and label stay as they are.
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?
Technical corrections only, such as colour, brightness, sharpness, dust, cropping, format or cut-outs. - Did the correction change the appearance of the product or person beyond normal photo editing?
No
Open these answers in the labelling check and adapt them to your image →
When the result changes
- The AI inserts a new background: then what the background shows decides. See AI background and AI lifestyle scene.
- While cutting out, the AI added to or changed the product, such as a cropped edge or a handle: then it is about the product itself. See colour variant.
- The AI removed something that belongs to the product, such as an accessory or a label: required. See accessories added.
What to do
- Check the edges after the cut-out: is anything missing from the product, or has anything been added?
- Record which tool you used and that only the background was removed.
- Keep any existing metadata in the file. Cut-outs and re-exports often delete it.
Frequently asked questions
The tool uses AI. Is that enough to trigger the obligation?
No. What matters is not whether AI was involved but whether the result is a deep fake. A cut-out shows the product as it was photographed and counts as standard editing under the guidelines (paras. 92, 116).
Can I label it voluntarily anyway?
Yes. Then choose accurate wording, such as “edited with AI”, not “AI-generated”.
What if I am not sure whether the AI changed anything on the product?
Then choose “Not sure” in the labelling check. That results in at least “labelling recommended”, never “not required”.
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.
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