Visibly label AI images

Which images do I have to label under the EU AI Act?

Labeling is required for images that were generated or substantially altered by AI and that deceptively realistically depict persons, places, objects, or events - the law refers to such content as deep fakes (Art. 3(60) AI Act).

If an image is obviously artificial, so that there is no risk of confusion with real photographs, labeling is generally not required. For artistic, satirical, or fictional works, an appropriate disclosure is sufficient, provided it does not hamper the display or enjoyment of the work.

How do I have to label AI-generated images?

As a user of AI tools, you must ensure that your AI-generated images are clearly recognizable as such when you distribute them.

Adding the official EU icons (for example with the tool on this website) is one way to do this — but depending on the situation, it may not be sufficient on its own. The alt text of an image should also indicate its AI nature. It is also advisable that the context of the page on which you distribute your image makes clear that AI was used.

You can find more details on implementation in the Code of Practice on Transparency of AI-Generated Content: https://digital-strategy.ec.europa.eu/en/policies/code-practice-ai-generated-content.

Is the note "created with AI" in the image caption sufficient?

No - as a standalone measure, this is generally not sufficient.

The label must be clearly perceivable at first exposure to the image and must remain in place when the image is shared or downloaded. A caption is usually lost: anyone who saves the image or shares it on another platform will no longer see the note. The label should therefore be embedded directly into the image wherever possible - for example, using the official EU icons. A caption is useful as an additional measure, but it does not replace the embedded label.

Do I also have to label AI-edited photos, or only fully generated ones?

Both can be subject to the labeling obligation — the decisive factor is not whether AI was involved, but what it changed.

AI-edited photos require labeling when the edit substantially alters the content of the image and the result appears deceptively real. This is the case, for example, when persons are inserted, removed, or replaced. Purely assistive standard edits that do not substantially alter the content (e.g., noise reduction, color correction, moderate retouching) do not trigger the obligation. When in doubt: label it.

When does the labeling obligation for AI images take effect?

From August 2, 2026, the measures under Article 50 of the EU AI Act become mandatory - and with them the labeling of AI images.

These measures differ for so-called deployers of AI tools (i.e., their users) and their providers (who make the software available). For deployers: from August 2, 2026, deceptively realistic AI images (deep fakes) that are distributed for business purposes must be visibly labeled (under Art. 50(4)).

For providers: also from August 2, 2026, the outputs of their AI systems must be marked in a machine-readable manner - in practice, through digitally signed metadata and imperceptible watermarks (Art. 50(2)). Only for systems that were already on the market before this date does a transition period run until December 2, 2026.

Violations can result in fines of up to €15 million or 3% of worldwide annual turnover.

Who is responsible — me as the user, or the provider of the AI tool?

Both bear responsibility - but the specific obligations differ.

Users (referred to as deployers in the EU AI Act) must visibly label AI images (more precisely: deep fakes) so that viewers can recognize them as such at first glance (Art. 50(4)). Providers are obliged to mark the outputs of their AI systems in a machine-readable manner at the time of generation. In practice, this is done through digitally signed metadata and imperceptible watermarks that enable automated detection of AI content (Art. 50(2)).

By the way: if you generate images with self-hosted open-source models for business purposes, you are both deployer and provider at the same time — and accordingly bear responsibility for both levels of labeling.

This is a practical assessment, not legal advice. Whether and how these obligations apply to your specific case is best clarified with your legal department.