California's AI Transparency Act (Business and Professions Code §§ 22757 et seq.) has applied since 2 August 2026. It requires providers of generative AI to embed permanent machine-readable disclosures in their output and to offer a free detection tool. Retailers who merely use such tools are not covered.
According to a secondary source, SB 1000 removed the visible option and the 1 million user threshold on 30 September 2026.
| Status | in force |
|---|---|
| Applies from | 02/08/2026 |
| Legal basis | California AI Transparency Act, Bus. & Prof. Code §§ 22757 ff. (SB 942, geändert durch AB 853 und SB 1000) |
| Visible label | no |
| Machine-readable | yes |
| Who is obliged | Providers, Platforms |
| Penalties | USD 5,000 per violation, each day a separate violation; action by the Attorney General, a city attorney or county counsel (§ 22757.4) |
| Source quality | partly secondary sources only (marked in the text) |
Who the law applies to
The Act is based on SB 942 (2024), amended by AB 853 (2025), and has been operative since 2 August 2026 (§ 22757.6). It targets providers of generative AI systems, from 1 January 2028 makers of capture devices, and from 1 January 2027 large online platforms, which must then make provenance data visible and may not strip it (§ 22757.3.1). An online retailer that creates AI images and shows them in its store is not an addressee, as far as we can see. For advertising with AI-generated people, another US rule applies, see New York.
What SB 1000 changed
According to a secondary source (Morrison Foerster, 1 October 2026), SB 1000 took effect on 30 September 2026 and changes three things:
- Providers no longer have to offer users the option of adding a visible notice ("manifest disclosure").
- The threshold of 1 million monthly users is gone. Anyone producing a publicly accessible GenAI system in California is covered.
- The latent disclosure must also state whether the content was created or altered.
Per the same source, the dates for platforms and devices are unchanged. We have not yet been able to retrieve the text of SB 1000 ourselves.
What this means for EU retailers
- Customers in California need no extra label.
- Keep the metadata in your AI images, as large platforms will read provenance data from 2027, see metadata.
Frequently asked questions
What is a latent disclosure?
Machine-readable provenance data in the file with provider, system and version, time and a unique identifier (§ 22757.3). It must be permanent or extraordinarily difficult to remove. According to a secondary source, since SB 1000 it also states whether content was created or altered.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- California AB 853 / SB 942, California AI Transparency ActCalifornia Legislature · Law · 13 Oct 2025
- California: Business and Professions Code § 22757.6California Legislature · Law · 11 Oct 2026
- California: SB 1000 (2026)California Legislature · Law · 30 Sept 2026