eBay's picture policy has no specific rule on AI. It requires photos to represent the item accurately and prohibits added text, artwork, borders and watermarks of any type. It names no exception for AI labels.
If you want to show an AI image that needs a label under Article 50 of the AI Act on eBay, clarify it with eBay first. Real photos of the item are the simplest route.
What eBay requires
eBay's picture policy does not mention AI. Among other things, it does not allow:
- photos that don't accurately represent the item,
- stock photos for used, damaged or defective items,
- added borders,
- added text, artwork or marketing material,
- watermarks of any type, including those used for ownership attribution.
How this relates to your Article 50 duty
Anyone who uses an AI system professionally to generate or manipulate image, video or audio content that is a deep fake must disclose it (Article 50(4) AI Act). A retailer is that deployer when it, or a contractor working to its instructions, uses AI for product or advertising images (guidelines, paras. 12 and 14). The duty follows the image, not the platform: it applies in your own store just as on a marketplace. Whether an image is affected is answered by the labelling check.
This creates a tension: a burned-in AI label is added text in the image, and the policy names no exception for it. A note only in the listing description, on the other hand, is not at the image. Regardless of this, an AI image that does not accurately show the item is not allowed on eBay anyway, with or without a label. A label does not make a misleading image lawful.
eBay is not on the Commission's list of very large online platforms (as of 7 September 2026). The relief in para. 126 of the guidelines refers to such platforms. Rely on your own disclosure here.
Steps
- Use real photos of the item on eBay where you can. That fits the picture policy and avoids the label question.
- Check any AI images you still want to use with the labelling check.
- If an image needs a label, clarify with eBay whether a burned-in AI label is allowed before you upload it.
- Do not remove existing AI metadata.
Not legal advice. Platform rules change; the platform's current wording is what counts. A label does not make a misleading image lawful.
Frequently asked questions
Does eBay ban AI images?
The picture policy does not mention AI. It does require photos to represent the item accurately. An AI image that shows the item differently from what it is breaks that rule.
May I put an AI label into an eBay image?
The policy prohibits added text and watermarks of any type and names no exception for AI labels. Clarify this with eBay first.
Does Article 50 apply on eBay?
Yes. The duty follows the image and your role as deployer, not the platform.
Sources
All sources read in full. Paragraph numbers (para.) refer to the European Commission's guidelines on Article 50, C(2026) 5054.
- eBay: picture policyeBay · Platform · 11 Oct 2026
- European Commission: list of designated very large online platforms and search enginesEuropäische Kommission · Commission · 7 Sept 2026
- 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
Not legal advice. This content explains the law based on primary sources; it does not replace an assessment of your individual case.
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