EU AI Act · Article 50 · Transparency Compliance

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⏱Article 50 transparency obligations: applicable since 2 August 2026

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Compliance Guide

What is Article 50 of the EU AI Act?

Article 50 of the EU AI Act (Regulation (EU) 2024/1689) sets transparency obligations for providers and deployers of certain AI systems. There is no exemption for SMEs or start-ups. Which duty applies depends on your role: the provider builds the system or puts it into service under its own name; the deployer uses it.

The legislation ensures citizens know when they are interacting with an AI (such as chatbots) or consuming synthetic content (text, image, audio, or video generated by AI).

ObligationArticleWho is responsible
Design AI systems that interact with people so those people are informed they are dealing with AI, unless this is obvious from the contextArt. 50(1)Provider
Mark AI-generated audio, image, video and text outputs in a machine-readable format, detectable as artificially generatedArt. 50(2)Provider of the generative AI system
Inform people exposed to an emotion recognition or biometric categorisation system that it is operatingArt. 50(3)Deployer
Disclose that deepfake image, audio or video content was artificially generated or manipulatedArt. 50(4), first subparagraphDeployer
Disclose AI-generated or manipulated text published to inform the public on matters of public interest, unless it went through human review or editorial control under someone's editorial responsibilityArt. 50(4), second subparagraphDeployer
Give this information clearly and distinguishably, at the latest at the first interaction or exposure, meeting accessibility requirementsArt. 50(5)Provider and deployer

An SME that builds a chatbot on a third-party model and offers it under its own name may be the provider of that chatbot. Role assessment can require specialist review.

Obligations Detail

The Four Core Article 50 Requirements

Article 50(1)

AI interaction notice

Providers must design AI systems that talk to people so those people are told they are interacting with AI, unless this is obvious to a reasonably well-informed person in the context. If your company built or branded the chatbot, treat this duty as yours.

Article 50(2)

Machine-readable marking

Providers of systems that generate synthetic audio, image, video or text must mark outputs in a machine-readable format so they can be detected as AI-generated. Assistive editing that does not substantially alter the input is exempt. Generative systems placed on the market before 2 August 2026 have until 2 December 2026.

Article 50(3)

Emotion recognition and biometric categorisation

Deployers must inform the people exposed to these systems that they are operating, and process personal data in line with the GDPR. Emotion recognition in the workplace or in education is prohibited by Article 5, except for medical or safety reasons.

Article 50(4)

Deepfakes and public-interest text

Deployers must disclose that deepfake image, audio or video was artificially generated or manipulated; for evidently artistic, creative, satirical or fictional work, a lighter disclosure applies. AI-generated text published to inform the public on matters of public interest must be disclosed, unless a person reviewed it and holds editorial responsibility.

A deepfake is AI-generated or manipulated image, audio or video that resembles existing persons, objects, places, entities or events and would falsely appear authentic (Art. 3(60)).

Frequently Asked Questions

Common Questions on Article 50 & SMEs

Does Article 50 of the EU AI Act apply to my SME?
Yes, if you provide or deploy an AI system covered by Article 50 in the EU. There is no SME exemption. Which duty applies depends on whether you are the provider or the deployer. These obligations have applied since 2 August 2026.
What information must I show chatbot users?
The duty sits with the provider: the system must be designed so users know they are interacting with AI, unless it is obvious. If you built or branded the chatbot, treat it as your duty. The information must be clear and given at the latest at the start of the interaction.
What is the EU Code of Practice on AI-generated content?
A voluntary framework published on 10 June 2026. On 8 July 2026 the Commission concluded that it adequately covers Article 50(2), (4) and (5). Following it can help you show how you meet those duties; Article 50 itself is binding whether or not you sign.
What are the fines for non-compliance with Article 50?
Up to €15 million or 3% of worldwide annual turnover, whichever is higher. For SMEs, including start-ups, the cap is whichever of the two is lower (Article 99(4) and (6)).
How can Themio help?
At launch, Themio checks your documents, such as AI notices, terms and privacy policies, against AI Act and GDPR requirements, quotes the passage behind each finding and turns gaps into a prioritised action plan. Its AI Act questionnaire suggests your system's likely risk tier and the article it rests on. Themio does not give legal advice; borderline cases go to your lawyer or DPO.

Know where you stand on Article 50.

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Last reviewed: 20 October 2026. General information, not legal advice. Sources: Regulation (EU) 2024/1689, Articles 3(60), 5, 50 and 99; Regulation (EU) 2026/1744; Code of Practice on Transparency of AI-Generated Content (10 June 2026).