Article 50 of the AI Act has applied directly in Austria since 2 August 2026, as in every member state. Retailers who use AI to create or alter deep fakes must label them visibly.
Austria had not notified a market surveillance authority to the Commission by 7 September 2026. According to a secondary source (ORF, 30 July 2026), there was no government bill for an implementing act at the end of July.
| Status | in force |
|---|---|
| Applies from | 02/08/2026 |
| Legal basis | Art. 50 KI-VO (unmittelbar); kein nationales Durchf眉hrungsgesetz |
| Visible label | yes |
| Machine-readable | yes |
| Who is obliged | Providers, Deployers |
| Penalties | Range under Art. 99 AI Act (SMEs: lower amount); no competent authority designated yet |
| Source quality | primary source |
What this means for retailers
- Label as you would in Germany. The Commission's guidelines and the Code of Practice apply EU-wide; details under EU and labelling obligation.
- Austrian customers can see the same label as German ones, with "AI" as the main element and "KI-generiert" or "Mit KI ver盲ndert" visible next to it.
- Keep a record of your decisions. A future authority can ask for it.
- If you also sell to Germany, the Federal Network Agency and German competition law apply there as well, see Germany.
Implementation status
According to a secondary source (ORF, 30 July 2026), the Federal Chancellery said the requirements must be met regardless of the missing implementing act. Per the same source, the RTR's AI service desk has advised on AI since 2024 but has no supervisory powers. Who would impose fines under Article 99 AI Act in Austria is open.
Frequently asked questions
Can I wait until an authority exists?
We would not recommend it. The obligation already covers images that go online now; only enforcement is open.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- Regulation (EU) 2024/1689 (AI Act)EUR-Lex 路 Law 路 12 Jul 2024
- European Commission: market surveillance authorities under the AI ActEurop盲ische Kommission 路 Authority 路 7 Sept 2026
- ORF: Austria and AI supervision (secondary source)ORF 路 Association 路 11 Oct 2026
- Commission Guidelines on the transparency obligations under Article 50 AI Act, C(2026) 5054 finalEurop盲ische Kommission 路 Commission 路 20 Jul 2026
