Article 50 of the AI Act (Regulation (EU) 2024/1689) has applied in the EU since 2 August 2026. A deployer who uses AI to generate or alter images, video or audio that constitute a deep fake must disclose this visibly. Online retailers are covered.
Providers of generative AI must also mark their output in a machine-readable way (Article 50(2)); for systems already on the market before that date, from 2 December 2026.
| Status | in force |
|---|---|
| Applies from | 02/08/2026 |
| Legal basis | Verordnung (EU) 2024/1689 (KI-VO), Art. 50; 脛nderung durch VO (EU) 2026/1744 |
| Visible label | yes |
| Machine-readable | yes |
| Who is obliged | Providers, Deployers |
| Penalties | up to EUR 15 million or 3 % of worldwide annual turnover (whichever is higher); for SMEs the lower amount (Art. 99(4) and (6) AI Act) |
| Source quality | primary source |
Who has to do what
| Role | Obligation | Provision | Applies from |
|---|---|---|---|
| Providers of generative AI | Mark output machine-readably as artificially generated or manipulated | Art. 50(2) | 2 Aug 2026; legacy systems 2 Dec 2026 (Art. 111(4)) |
| Deployers (for example retailers) | Disclose deep fakes visibly | Art. 50(4), first subpara. | 2 Aug 2026 |
| Deployers | Disclose AI text on matters of public interest, unless under editorial control | Art. 50(4), second subpara. | 2 Aug 2026 |
| All of the above | Clear, distinguishable, at first exposure at the latest, accessible | Art. 50(5) | 2 Aug 2026 |
Article 50 has applied since 2 August 2026 (Article 113), with no transition period for deployers. A deep fake is AI-generated or manipulated image, audio or video content that resembles existing persons, objects, places, entities or events and would falsely appear authentic (Article 3(60)). The guidelines include consumer goods (para. 113).
A notice only in terms or menus is not enough (para. 142). A provider's machine-readable marking does not replace the deployer's visible label (para. 117). For design see label design, for all dates deadlines.
What this means for online retailers
- You are a deployer if you, or a contractor following your instructions, use AI for product or marketing images (paras. 12, 14). A retailer who only passes on third-party images generally is not (para. 16).
- Photorealistic AI models and realistic AI scenes with your product typically need a label. Standard editing such as colour correction or cut-outs, and a purely decorative AI background behind a real product, generally do not under the guidelines (paras. 92, 116). The free check assesses individual images.
- The label belongs wherever the image appears: product page, collection, search, banners, blog (para. 143). For channels outside your store, see platforms.
- The Code of Practice (final version of 10 June 2026) and the Commission's icons are voluntary aids. The obligation in detail is covered in Article 50 labelling obligation.
Stores outside the EU
Article 50 also covers deployers established outside the EU where the output of the AI system is used in the Union (Article 2(1)(c)). Under the guidelines, it is enough that the deployer foresees use in the EU, for example by posting on the globally accessible internet. Content that reaches the EU only through unforeseeable channels outside the deployer's control is not covered (para. 13).
Who enforces it in the member states
Each member state designates its market surveillance authorities. The Commission's list (as of 7 September 2026) includes:
| Country | Authority | Status per Commission |
|---|---|---|
| Germany | Bundesnetzagentur (Federal Network Agency) | designation pending final adoption (the KI-MIG has been in force since 29 July 2026) |
| Austria | none notified | open |
| Italy | National Cybersecurity Agency (ACN) | notified |
| Spain | AESIA | designation pending |
| France | DGCCRF | designation pending |
| Netherlands | Dutch Authority for Digital Infrastructure (RDI) | designation pending |
| Poland | KRiBSI | notified |
Where no authority has been designated yet, the obligation still applies. Only enforcement is open.
Frequently asked questions
Does a member state need its own law for Article 50 to apply?
No. The AI Act is a regulation and applies directly. National laws such as Germany's KI-MIG set up authorities, complaint channels and procedures.
Do I have to label AI images created before 2 August 2026?
Under the guidelines, deep fakes generated or manipulated before that date need no retroactive label. The Commission encourages it, though (para. 154).
Is the AI tool's metadata enough as a disclosure?
No. Deployers cannot rely on the provider's marking (para. 117). Keep the metadata anyway, see metadata.
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
- Regulation (EU) 2026/1744 (Digital Omnibus on AI)EUR-Lex 路 Law 路 24 Jul 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
- Code of Practice on Transparency of AI-Generated Content (final version)Europ盲ische Kommission 路 Code of practice 路 10 Jun 2026
- EU icons for labelling AI-generated contentEurop盲ische Kommission 路 Commission 路 24 Sept 2026
- European Commission: market surveillance authorities under the AI ActEurop盲ische Kommission 路 Authority 路 7 Sept 2026