AI ACT – new obligations from 2 August 2026.

On 2 August 2026, the provisions of the AI Act concerning the labelling of content generated by artificial intelligence will come into force. Natural or legal persons, including public bodies and agencies, which use AI systems (except where the use of an AI system takes place as part of personal non-professional activities) will, from 2 August, be required to disclose that the content has been artificially created, i.e. generated or manipulated using an AI system. In practice, these new obligations will apply in particular to advertising agencies.

It is very common for advertising agencies to generate various types of images using AI technology as part of their business. Slightly more lenient rules apply where the content forms part of a work or programme that is clearly artistic, creative or satirical. However, in such cases, the line can sometimes be difficult to draw.

Therefore, if you use AI to generate images, please check that:
- you or your organisation apply appropriate labelling when generating (or manipulating) images and audio content;
- the contracts entered into by you or your organisation properly regulate the rules for labelling content created using AI;
- your employees or colleagues have undergone appropriate training;
- the labelling used is legible, clear and unambiguous;
- you apply appropriate measures to minimise the risk of copyright infringement associated with the use of AI.