Yes, a label is required. Inserting objects into a real image in a way that changes its meaning and substance is a change of content under the guidelines (para. 92). On its EU icons page, the European Commission uses authentic photos of an empty apartment furnished using AI as the example for the “AI MODIFIED” icon. The wording is “AI-modified”.
Labelling required
Adding or removing objects in a way that changes meaning and content is a change to the content. If the image then shows the product differently, it is a deep fake.
Rn. 92 · Beispiel nach Rn. 116
The label meets the labelling obligation. It does not allow showing the product differently from how it is. That can be misleading under competition law, with or without a label. Check whether you can use a real photo.
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 lighting and home decor store has AI furnish an empty period apartment with a sofa, rug, sideboard and the floor lamp from its range. The image is meant to show how the lamp looks in the room.
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?
Something on or related to the product, such as accessories, parts, labels, defects, other products - 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
- If the AI only removes clutter unrelated to the product, such as cables, moving boxes or a stain on the wall, a label is generally not required under the guidelines (objects removed).
- If the whole room comes from the AI and looks photorealistic, a label with the words “AI-generated” is required (AI product image).
- For your real product in a purely decorative AI setting, see AI background.
What to do
- Put the label, or the EU icon “AI MODIFIED”, on the image.
- Check the size and light of your product in the room against the real goods. If it looks bigger or brighter than it is, the image can be misleading even with a label (para. 129).
- Label inspiration and category pages where the room image appears as well (para. 143).
How the disclosure can read
AI-modifiedLabel: AI · AI-modified
AI-modified image
This photo was modified with artificial intelligence (AI). Modified: objects were added or removed.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
Don't the guidelines exempt room staging?
Only from a different obligation. Para. 31 places AI-assisted product visualisation such as room staging outside Article 50(1), the obligation for interactive AI systems. It says nothing about deep fakes under Article 50(4).
What if the furniture is not my product?
Inserting it still changes the meaning and substance of the photo (para. 92). Furniture is not clutter like a cable; it shapes what the image says.
Do I have to use the EU icons?
No. The icons are free to use and optional. What is mandatory is the disclosure itself, clear and distinguishable on the image (Article 50(5) AI Act).
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
- EU icons for labelling AI-generated contentEuropäische Kommission · Commission · 24 Sept 2026
- 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
