Updated on 24 September 2026
Not every use of AI requires the same notice
Since 2 August 2026, the transparency obligations under Article 50 of the EU AI Regulation, also known as the AI Act, have generally applied. Which requirements are relevant depends on the application and the role of the respective company.
For websites, AI assistants, artificially generated media and certain publications on matters of public interest are particularly relevant. A text revised with AI and an interactive chat must be considered differently. Overview by the European Commission
Making AI assistants recognisable as such
Providers of directly interactive AI systems must in principle ensure that people are informed that they are interacting with an AI. An exception exists if this is already obvious from the point of view of a reasonably well-informed and attentive person.
For practical design, we recommend a clear notice directly at the application. It should be perceptible at the latest at first contact and take the applicable accessibility requirements into account. A notice hidden exclusively in the privacy policy is not a suitable solution for this. Article 50 paragraphs 1 and 5
Distinguishing visible notices from technical labelling
Article 50 also contains obligations for the machine-readable marking of artificially generated or manipulated outputs. These are aimed at the providers of corresponding AI systems. There are exceptions for certain assistive editing functions.
This is to be distinguished from a visible image caption or a notice for readers. Anyone who uses a third-party tool is not its provider for that reason alone. For applications developed in-house or provided under one's own name, however, the role must be checked separately.
For corresponding systems that were already placed on the market before 2 August 2026, a transition period until 2 December 2026 applies to the obligations under Article 50 paragraph 2. It does not apply across the board to all transparency obligations. AI Regulation, in particular Articles 3, 50 and 111 paragraph 4
Considering images, audio and video in their respective context
Not every AI-generated motif is automatically a deepfake. What matters, among other things, is whether artificially generated or manipulated content resembles existing persons, objects, places or events and falsely appears authentic.
For such deepfakes, Article 50 provides for disclosure of the artificial origin. For obviously artistic, fictional or satirical works, there are adapted requirements for the type of disclosure – not a blanket exemption.
Regardless of a legal obligation, voluntary labelling can make sense so that visitors can classify a motif correctly. Article 50 paragraph 4
For texts, purpose and editorial responsibility matter
For AI-generated or manipulated texts that are published to inform the public on matters of public interest, Article 50 provides for a disclosure obligation.
An exception exists if the content has been reviewed by humans or is subject to editorial control and a natural or legal person bears editorial responsibility for the publication.
This does not result in a general obligation to label every AI-supported company or product text. Conversely, content is not exempt merely because it appears on a company website. Other legal requirements may apply independently of this. Article 50 paragraphs 4 and 6
Understandable notices in practice
We recommend relating notices specifically to the respective application or content. A wording such as “This content may have been created with AI” leaves open what is actually meant.
We call our search and our chat “HMH AI search”; AI is therefore in the name. Before the first input, we explain that the answers consist of our own texts and that an AI only selects which of them fit the question. We explain that the selection is made by AI and can be off the mark. Below the answers, we indicate how they came about.
Which obligations exist in individual cases should be checked legally. We are happy to support you with the technical implementation of the required notices and labels.
This article provides general orientation and does not replace legal advice.
