Labelling recommended. Under the guidelines you are probably not the deployer under Article 50(4) for this image, because the deployer is whoever decided on the use of AI (paras. 12, 14). Those who disseminate third-party content are still encouraged to preserve existing labels and inform customers (paras. 16, 17). If the image shows the product as better than it is, it remains misleading, no matter who created it.
Third-party image, labelling recommended
Under the guidelines you are probably not the deployer for this image: the deployer is whoever decided on the use of AI. The guidelines still recommend keeping existing labels and informing customers. An image that shows the product better than it is remains misleading under competition law, no matter who created it.
Rn. 14 · Rn. 16 · Rn. 17
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 kitchen appliance store takes over the manufacturer's images, including an espresso machine in a modern kitchen. The metadata contains an AI note, and according to the retailer portal the kitchen scenes were generated with AI.
The answers in the labelling check
- Was an AI tool used to create or change this image?
Yes - Who used the AI tool?
The manufacturer or supplier
Adapt these answers in the labelling check
When the result changes
- If you edit the manufacturer's image with AI yourself, such as a new background, you are the deployer for that edit and the normal decision tree applies (AI background).
- If there is no sign of AI, the labelling check sets no label and advises asking the supplier, because a label on an image without AI can itself mislead.
- If only the metadata shows an AI note, labelling is also recommended. You can check this with the AI image checker.
- For images from an agency, see agency images.
What to do
- Ask the manufacturer whether the image was created or changed with AI and whether it classifies it as a deep fake within the meaning of Article 3(60) AI Act. Ask it to supply the classification and the label.
- Preserve existing labels and metadata (para. 16).
- Add the “AI” label in your store, with “AI-generated” or “AI-modified” depending on the manufacturer's answer.
How the disclosure can read
AI-generatedLabel: AI · AI-generated
AI-generated image
This image was entirely generated with artificial intelligence (AI). It is not a photograph.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
May I crop out the manufacturer's burned-in AI mark?
The guidelines strongly encourage those who disseminate content to preserve existing markings and labels (para. 16). Cropping it out runs against 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
- German Act against Unfair Competition (UWG)gesetze-im-internet.de · Law · 27 Sept 2026
