Not required under the guidelines. Like other technical corrections, they list removing dust spots caused by a dirty lens or sensor as standard editing (para. 92) with only a minor impact on perception (para. 116). It is different if you remove defects that the product really has.
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 a navy wool jumper laid flat. An AI tool removes dust specks from the sensor and two bits of lint from the backdrop. Stitches, colour and buttons stay unchanged.
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
Adapt these answers in the labelling check
When the result changes
- If the AI removes defects the product really has, such as scratches or stains, the image shows the product as better than it is (example box after para. 116). A label is then required, and the image can also be misleading (accessories added).
- If the AI retouches a model's skin and that skin shows what your product does, a label is required (skin retouching for cosmetics).
- If the AI removes distractions in the background, such as cables or passers-by, a label is also generally not required (objects removed).
What to do
- Retouch only what got into the shot, such as dust or lint from the backdrop. Defects the product really has, such as scratches or stains, stay in the picture.
- Record the assessment with a date.
Frequently asked questions
Does it matter whether I retouch with AI or by hand?
For Article 50(4), yes, because a deep fake is only content generated or manipulated by AI (Article 3(60) AI Act). The Wettbewerbszentrale's guide also states that retouching without AI does not trigger labelling obligations. Whether an image misleads, however, depends on the result, not the tool.
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
- Wettbewerbszentrale, guide on labelling AI-generated content, version 2.0Wettbewerbszentrale · Association · 29 Jul 2026
AI-generated
