A new phase of the European Union’s Artificial Intelligence Act has begun, bringing important transparency obligations into effect for companies using chatbots, generative AI and synthetic content.
From 2 August 2026, Article 50 of the EU AI Act applies across the European Union. The rules are designed to ensure that consumers understand when they are interacting with an AI system and when apparently authentic content has been artificially generated or manipulated.
For e-commerce companies, the changes may affect customer-service bots, virtual shopping assistants, AI-generated advertising, product imagery, synthetic influencers and automated editorial content.
However, the regulation does not require retailers to label every product description or marketing image created with AI. The obligations depend on the type of system, the nature of the content and whether the company is acting as an AI provider or simply using a third-party tool.
One of the clearest requirements concerns AI systems that interact directly with consumers.
Providers of these systems must ensure that users are informed that they are communicating with AI, unless this is already obvious to a reasonably informed person.
For online retailers, this can include:
The disclosure should appear no later than the first interaction. A message such as “Hello, I’m an AI-powered shopping assistant” or a persistent “AI Assistant” label within the interface may satisfy the requirement.
Retailers should not assume that a robot icon, unusual bot name or automated writing style makes the artificial nature of the system sufficiently clear.
Although the legal design obligation falls primarily on the system provider, e-commerce companies should verify that the disclosure is displayed properly across their websites, applications and customer-service channels.
Vendor contracts should also clarify who is responsible for implementing, testing and maintaining the notice.
Article 50 also covers AI-generated and manipulated audio, images, video and text.
Providers of generative AI systems must ensure that covered outputs can be identified in a machine-readable format. This may involve metadata, watermarking, content credentials or another technical method.
This technical marking requirement does not mean that every retailer must place a visible “AI-generated” label on every piece of AI-assisted content.
The visible disclosure duties placed on businesses using the content are narrower. They primarily concern:
A standard product description, category page or promotional email does not automatically need a visible AI label simply because generative AI helped produce it.
Retailers increasingly use AI to create:
Most ordinary commercial copy will not require a visible AI-generated label.
The specific disclosure obligation for AI-generated text applies when the material is published to inform the public about a matter of public interest.
This may become relevant when an e-commerce company publishes AI-generated content involving:
For example, a simple description of a product’s dimensions is unlikely to trigger the rule. An AI-written article claiming that the product provides medical benefits or complies with environmental regulations may require closer scrutiny.
Even when AI-generated text addresses a matter of public interest, a visible label may not be required if the content has undergone meaningful human review and a person or company assumes editorial responsibility.
The review must be more than a basic spelling or grammar check.
A qualified editor should assess the substance of the content, verify its sources, correct inaccurate claims, and have the authority to approve or reject the final version.
Retailers should document:
This is particularly relevant for company blogs, sustainability reports, regulatory explainers and product-safety content.
AI-generated advertising and product imagery do not automatically require a visible label.
The main visible-disclosure obligation applies when the content qualifies as a deepfake.
Under the AI Act, a deepfake is an AI-generated or manipulated image, audio or video content that resembles a real person, object, place, organization or event and could falsely appear authentic.
In e-commerce, this could include:
When content qualifies as a deepfake, its artificial nature must be disclosed clearly when the viewer first encounters it.
Machine-readable metadata alone is not enough. Consumers must be able to understand that the material is artificial without using specialized software.
Not every virtual model will necessarily qualify as a deepfake.
A clearly fictional animated character or obvious digital mascot is less likely to mislead consumers than a photorealistic virtual influencer presented as a real customer.
Retailers should consider:
Even when the AI Act does not require a label, EU advertising and consumer-protection rules may still apply.
Companies should not create the false impression that a genuine customer used, reviewed or recommended a product when the person is entirely synthetic.
Routine image editing does not automatically trigger the AI Act’s transparency requirements.
Basic adjustments such as resizing, color correction, sharpening and noise removal are less likely to be treated as synthetic-content generation.
The risk increases when AI is used to make substantial changes, including:
These practices may violate consumer-protection rules even when they fall outside the strict deepfake definition.
The new transparency rules should not be interpreted as permission to create fake customer reviews.
Publishing fabricated reviews, endorsements or testimonials can already breach EU consumer-protection law.
An AI-generated testimonial may also qualify as a deepfake when it depicts a realistic person describing an experience that never occurred.
Retailers should clearly distinguish between:
The safest policy is to prohibit synthetic customer reviews altogether.
Online marketplaces may need to manage AI-generated content produced by thousands of third-party sellers.
They should review whether their systems:
Marketplaces that provide their own AI listing generators should also assess whether they are acting only as deployers or may assume additional responsibilities as providers.
E-commerce companies should now take several immediate steps.
Identify every chatbot, shopping assistant, voice agent and automated support tool that interacts with customers.
Confirm that each system clearly identifies itself as AI.
Establish whether the company is acting as a provider, deployer, distributor or importer for each AI system.
Do not rely only on the terminology used by the vendor.
Identify where AI is used to generate or substantially alter images, audio or video.
Assess whether any material could qualify as a deepfake.
Check whether website optimization, image compression, marketplace uploads or content-management systems remove metadata or watermarks added by the AI provider.
Create a documented human-review process for AI-generated content involving safety, health, sustainability, regulation or other public-interest topics.
Require AI vendors to explain:
Marketing, legal, customer service, e-commerce, content and technology teams should all understand the transparency requirements.
Compliance is not solely an IT responsibility.
Breaches of the relevant EU AI Act obligations can result in fines of up to €15 million or 3% of the company’s worldwide annual turnover, whichever is higher.
Authorities must consider proportionality, including the size of the business and the seriousness of the infringement.
However, financial penalties are not the only concern.
Misleading AI-generated content may also lead to:
The EU AI Act does not prevent retailers from using chatbots or generative AI.
Its central principle is that consumers should not be misled about whether they are interacting with a person or viewing content that appears authentic but is artificially generated.
A clearly labeled chatbot can still provide fast and effective service. AI-assisted content can still improve productivity when its claims are properly reviewed. Virtual models and synthetic media can still be used when their presentation is transparent and not deceptive.
For e-commerce businesses, the priority should be to identify where AI interacts directly with consumers, where synthetic content could be mistaken for reality, and where human editorial responsibility is required.
As AI becomes more deeply integrated into online retail, transparency will become both a legal obligation and a competitive trust signal.
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