Without the use of AI, Article 50(4) does not apply, because under Article 3(60) AI Act a deep fake is only content generated or manipulated by AI. An AI label on a real photo can itself mislead customers about where the image came from. Do check that none of your tools used AI.
Not an AI image
Without AI, Art. 50(4) does not apply. A deep fake is only content generated or manipulated by AI.
Art. 3 Nr. 60 KI-VO
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 table lamps in its own studio and edits the photos in an image editor with cropping, white balance and a little contrast. No feature that generates or changes image content with AI was used.
The answers in the labelling check
- Was an AI tool used to create or change this image?
No
Adapt these answers in the labelling check
When the result changes
- If you used an AI feature, such as generative fill, remove or expand, it depends on what it did (background removal, objects removed, outpainting).
- For manufacturer images without information on AI, see supplier images.
- Missing AI metadata does not prove that no AI was involved. Cut-outs and re-exports often delete metadata.
What to do
- Check which features of your tools use AI, such as generative fill in Photoshop.
- Do not label across the board. A store-wide notice says nothing about which image contains AI and does not replace a label on the individual image (para. 142).
Frequently asked questions
Can an AI label on a real photo do harm?
Such a label is an untrue statement about how the image was made and can mislead customers. Whether that is relevant under competition law has not been decided.
I retouched conventionally. Does that need a label?
According to the Wettbewerbszentrale's guide, retouching without AI does not trigger labelling obligations. A photo that shows the product as better than it is can still be misleading without AI (Section 5 UWG).
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
- German Act against Unfair Competition (UWG)gesetze-im-internet.de · Law · 27 Sept 2026
- Wettbewerbszentrale, guide on labelling AI-generated content, version 2.0Wettbewerbszentrale · Association · 29 Jul 2026
AI-generated
