Not under the guidelines. Deep fakes generated or manipulated before 2 August 2026 do not need to be labelled retroactively, although the guidelines encourage it where the effort is proportionate (para. 154). What counts is the day of the AI editing, not the day of the upload. If you use the image again, for example in a new campaign, we recommend the label.
Legacy content
Images created or changed with AI before 2 August 2026 do not have to be labelled retroactively. The guidelines encourage it, though.
Rn. 154
If you use this image again, for example in a new campaign, we recommend the label.
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
In June 2026 a sports nutrition store had an agency create product images with AI models. The invoice of 18 June 2026 lists the AI image series, and nothing was edited with AI after 1 August.
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, photographer or freelancer. I wanted, specified or approved the use of AI. - When was the image created or last changed with AI?
Before 2 August 2026 - How can this be shown?
Invoice or email from the service provider
Adapt these answers in the labelling check
When the result changes
- If a legacy image is edited with AI again after 1 August 2026, the new edit counts and the normal decision tree applies, for example AI model.
- If you have no proof of the date, the labelling check treats the image like a new one.
- Whether using the image in a new campaign triggers a new obligation is an open question.
- If the agency used AI without your instruction, you are probably not the deployer under the guidelines (agency images).
What to do
- Keep the proof of the date.
- Label retroactively where it takes little effort. The guidelines do not expect disproportionate effort, such as auditing entire image databases (para. 154).
Frequently asked questions
Does the upload date count, or the creation date?
The date the content was generated or manipulated with AI (para. 154). An upload before the cut-off date is still good proof, because the creation happened before it.
What counts as proof?
A date in the metadata, an invoice or email from the service provider, and other evidence. In the Shopify app, an upload before 2 August 2026 also counts.
Do I have to change old packaging or catalogues?
The guidelines explicitly name modifying already printed product packaging as an example of disproportionate effort that is not expected (para. 154).
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
AI-generated
