Not required under the guidelines, as long as the new area says nothing about the product. They list pixel filling for aspect ratio adaptation as standard editing (para. 92), along with edge image completion. Extending backgrounds of existing images has only a minor impact in product advertising (para. 116).
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
For a three-to-one homepage banner, the AI extends a square photo of a vase on a wooden table with more table and wall on the left and right. The vase stays as it is.
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 invents objects in the new area, such as flowers, books or other products, see accessories added and virtual home staging.
- If the extension turns the image into a scene with a message, such as a place of use, see AI lifestyle scene.
- If the AI replaces the background entirely, see AI background.
What to do
- Check that the added area only continues wall, table, floor or sky, and remove invented details that customers could associate with the product.
- Record that only the format was adjusted.
Frequently asked questions
The AI invented the whole new area. Why is a label not required?
Because it only continues what is already in the image. The guidelines count that as standard editing (para. 92).
Does that apply to banners and ads too?
Yes. Whether a label is needed depends on what the AI did to the image, not on where it appears.
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
