Yes, a label is required, because the retouching shows an effect the product may not have. The guidelines name a product image that makes the product look more appealing or better than in real life as a deep fake (example box after para. 116). The label does not make an embellished effect acceptable (para. 129).
Labelling required
The correction shows an effect the product may not have. The guidelines name a product image that makes the product look more appealing than it is as a deep fake.
Beispiel nach 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 sells a serum against pigmentation spots. In the product image a real model holds the bottle to her cheek, and the AI removes spots and fine lines from her face.
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 created, inserted or changed a person, such as a model, face, skin, body or pose. - How is the person shown?
Realistically, like a real human - What did the AI do with the person?
Only small corrections, such as blemishes, red eyes, lint - Does the person show what the product does?
Yes - Is the image itself part of an artwork, satire or fiction, and is that immediately obvious to everyone?
No, it is an advertising or product image
Adapt these answers in the labelling check
When the result changes
- Without a link to the product, such as a blemish on a model wearing a scarf, a label is generally not required under the guidelines, because cosmetic adjustments have only a minor impact (para. 116).
- If the AI clearly changed facial features, body shape, skin colour or age, a label is also required (face or body changed).
- For a model generated entirely by AI, see AI model; for dust or lint, see retouching.
What to do
- First check whether the product has the effect shown. If not, the image can be misleading under German competition law (Section 5 UWG).
- If you use the image, add the “AI” label with the words “AI-modified”, including on product cards, in banners and in your own ads.
- Check with the model whether their consent covers the edit. The label does not replace it.
How the disclosure can read
AI-modifiedLabel: AI · AI-modified
AI-modified image
This photo was modified with artificial intelligence (AI). Modified: the person shown.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
Does this also apply to hair products, fitness or fashion?
Yes, if the person shows what the product does. The labelling check gives cosmetics, skin care, hair products, fitness and the fit of clothing as examples.
Is a note saying “image retouched” enough?
No. The disclosure must say that AI was involved and sit visibly on the image, without a click (paras. 117, 142). “Retouched” does not say that.
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
- Code of Practice on Transparency of AI-Generated Content (final version)Europäische Kommission · Code of practice · 10 Jun 2026
- German Act against Unfair Competition (UWG)gesetze-im-internet.de · Law · 27 Sept 2026
