Businesses using AI generated imagery in marketing, ecommerce and digital communications should review how they create and present content following the introduction of new transparency obligations under the EU AI Act.
This may also affect UK businesses operating in EU from the 2nd August 2026, Article 50 of the EU AI Act began to apply, introducing transparency requirements for certain AI systems and AI generated or manipulated content. The European Commission has published guidance to help organisations understand when these obligations apply.
One of the key objectives of the legislation is to ensure that people are aware when they are interacting with AI or viewing AI generated or manipulated content, helping to reduce the risks of deception and misinformation.
For organisations that develop generative AI systems, the guidance explains that AI generated content should include machine readable markings to help identify that it has been created or manipulated using AI. The Commission has also published a voluntary Code of Practice to support compliance with these requirements.
Businesses that deploy AI systems, including those using third party AI tools, also have transparency obligations in certain circumstances. For example, organisations should ensure people are informed when they are interacting directly with an AI system, such as a chatbot, unless this is already obvious from the context.
The rules can also apply to businesses outside the EU. UK companies that place AI systems on the EU market (and that includes Northern Ireland) or whose AI generated outputs are used within the EU may fall within the scope of the legislation.
Here are a few things you can do for your business:
- Make sure customers know when they are interacting with AI. If a business uses an AI chatbot or another interactive AI system, people must generally be informed that they are interacting with AI, unless this is already obvious from the circumstances.
- Check the AI tools being supplied by third parties. Businesses should understand what their AI providers are doing to mark and identify generated content and retain information that can demonstrate how they are meeting their obligations.
- Consider following the EU's Code of Practice. The Code of Practice on Transparency of AI-Generated Content is voluntary, so businesses do not have to sign it. However, it provides a recognised framework for demonstrating compliance with the mandatory Article 50 requirements. Businesses choosing another approach need to be able to demonstrate that their alternative measures are adequate.
- Keep records of your approach to AI compliance. Businesses that do not follow the voluntary Code should be prepared to document how their own measures meet the Article 50 requirements and may need to demonstrate this to the relevant authorities.
- Businesses should also monitor further guidance from the European Commission, as additional implementation support and practical examples continue to be published alongside the phased rollout of the AI Act.
The key takeaway for businesses is that using AI is not automatically prohibited, but businesses need to understand how and where they are using it. For manufacturers, suppliers and retailers in the housewares, kitchenware and small domestic appliances sectors, AI is increasingly being used to create product imagery, marketing assets and ecommerce content. While not every use of AI generated imagery requires a disclosure, businesses should understand where the transparency rules apply and review their internal processes to ensure compliance where necessary.
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