EU AI Act Article 50 for developers: what to ship before 2 December 2026

Last verified: 20 October 2026. Technical guidance, not legal advice.

Short answer: if your product chats with people in the EU, it must tell them they're dealing with AI. That has applied since 2 August 2026. If your product generates images, audio, video or text, that output must carry a machine-readable label showing it's AI-generated. AI systems already on the market before August have until 2 December 2026 for the labelling part. The rules apply to companies outside the EU too, as long as their systems serve people in the EU.

This guide turns the legal text into an engineering checklist.


Who has to do what

Article 50 of the AI Act (Regulation (EU) 2024/1689) has four duties. Two fall on providers (whoever builds or offers the AI system) and two on deployers (whoever uses it in their own product or publishing).

#SituationWhoWhat you must shipException
50(1)AI that interacts with people: chatbots, voice agents, AI agentsProviderTell people they're interacting with an AI systemWhen it's obvious to a reasonably well-informed person from the context
50(2)AI that generates synthetic audio, image, video or textProviderMark outputs in a machine-readable format so they're detectable as AI-generated or manipulatedAssistive or standard editing that doesn't substantially alter the input
50(3)Emotion recognition or biometric categorisationDeployerInform the people exposed to itSome law-enforcement uses
50(4)Deepfakes, and AI text published to inform the public on matters of public interestDeployerDisclose that the content is AI-generated or manipulatedText that a human reviewed and someone took editorial responsibility for

The information must be given clearly and distinguishably, at the latest at the first interaction or exposure, and must meet accessibility requirements (Article 50(5)).

Most startups are a provider under 50(1) and 50(2) as soon as they ship a chatbot or a generation feature under their own name, even if the model comes from OpenAI, Anthropic or another vendor.

Key dates

DateWhat happened or happens
10 June 2026Final voluntary Code of Practice on Transparency of AI-Generated Content published, including three EU icons for labelling AI content
20 July 2026Commission adopted its Article 50 guidelines
2 August 2026Article 50 obligations apply
2 December 2026Machine-readable marking (50(2)) due for generative AI systems already on the market before 2 August 2026

Content you generated and published before 2 August 2026 doesn't need labelling retroactively.

Fines: up to €15 million or 3% of worldwide annual turnover. Signing the Code of Practice gives a degree of presumption of conformity; non-signatories must show compliance in other ways.

The engineering checklist

1. Disclosure for chatbots and agents (50(1))

See the step-by-step tutorial: AI chatbot disclosure in React.

2. Machine-readable labels on generated content (50(2))

The law asks for machine-readable marking, not a specific technology. Guidance and the Code of Practice point to a layered approach, because each technique alone can be removed:

LayerWhat it isStrengthWeakness
C2PA metadata ("Content Credentials")A cryptographically signed manifest inside the file, stating it's AI-generated, by which tool, and whenVerifiable, an open standard, widely supportedStripped by screenshots, re-encoding and many CDNs
Invisible watermarkA signal in the pixels or audio itselfSurvives many editsVendor-specific; coverage varies by media type
Fingerprinting or loggingHash of the output stored on your sideProof you can show laterNot visible in the file itself

Checklist:

3. Deepfakes and public-interest text (50(4)), if you publish

4. Evidence

Common mistakes

  1. "OpenAI or Google labels the images, so we're covered." Their labels cover their own output and can be stripped by your pipeline. Your chatbot disclosure and evidence are still on you.
  2. "We're not in the EU." The rules follow your users, not your office.
  3. "Text doesn't count." Generated text is synthetic content under 50(2).
  4. Adding C2PA, then serving images through a CDN that removes it. Test the final URL your users actually receive, not the file you generated.
  5. Disclosure hidden in the terms of service. It must be clear at the first interaction.

FAQ

Does Article 50 apply to companies outside the EU? Yes, when their AI system serves people in the EU.

What's the deadline for labelling AI-generated images? Article 50 applies from 2 August 2026. Generative systems already on the market before then have until 2 December 2026 for machine-readable marking.

Is a watermark required? The law requires machine-readable marking, not a specific technique. The Code of Practice describes a layered approach (metadata plus watermarking) because single methods can be removed.

Do I need to label AI text? Yes, under 50(2), if your system generates it. Deployers who publish AI text on public-interest matters must also disclose it, unless it went through human editorial review with someone taking responsibility.

What are the fines? Up to €15 million or 3% of worldwide annual turnover.

Sources


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This guide is technical information, not legal advice. Consult a lawyer about your specific obligations.