Not required under the guidelines, as long as what was removed is unrelated to the product. They name editing background details, such as removing a passer-by, as a change with a minor impact (para. 116). Removing dust spots caused by a dirty lens or sensor is standard editing (para. 92).
Labelling not required under the guidelines
Removing distracting details unrelated to the product, such as passers-by or dust, is insignificant under the guidelines.
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
An outdoor clothing store photographs a jacket in an old town. The AI removes a passer-by in the background and a cable on the wall; the jacket and the model 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?
It added or removed objects. - What was added or removed?
Only distracting things unrelated to the product, such as passers-by, cables, dust, background stains
Adapt these answers in the labelling check
When the result changes
- If the AI removes or adds something on or related to the product, such as scratches, labels, accessories or other products, a label is required (accessories added).
- If the AI adds furniture to an empty room, see virtual home staging.
- If the AI adds a person to the image, a label is required (AI model).
- For journalistic images the guidelines apply a stricter standard than for product advertising (para. 116).
What to do
- Check that only distractions unrelated to the product have gone, and record what was removed.
- If you label voluntarily, “edited with AI” fits, not “AI-generated”.
Frequently asked questions
Isn't removing a passer-by a change to a person?
No. The guidelines use removing passers-by as their example of a change with a minor impact (para. 116). It is different if a person is inserted or changed.
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
