Is AI in marketing covered by the EU AI Act?

What must be disclosed?

• Deep fakes, by the deployer that publishes them.
• Article 3, point (60) defines a deep fake as AI-generated or manipulated image, audio or video content that resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful.
• Marketing copy is disclosed under Article 50(4) only if it is text published with the purpose of informing the public on matters of public interest, and then not where it has undergone human review or editorial control and someone holds editorial responsibility.
• Article 50 applies from 2 August 2026, the general date in Article 113, second paragraph, except that a provider of a system generating synthetic audio, image, video or text content placed on the market before that date has until 2 December 2026 to comply with Article 50(2) (Article 111(4)).

• Article 50(4): a deployer of an AI system that generates or manipulates image, audio or video content constituting a deep fake discloses that the content has been artificially generated or manipulated. Where the content forms part of an evidently artistic, creative, satirical, fictional or analogous work or programme, the duty is limited to disclosing the existence of such content in an appropriate manner that does not hamper the display or enjoyment of the work. A deployer of an AI system that generates or manipulates text published with the purpose of informing the public on matters of public interest discloses that too, unless the text has undergone human review or editorial control and a natural or legal person holds editorial responsibility for its publication. Neither duty applies where the use is authorised by law to detect, prevent, investigate or prosecute criminal offences.

What if you build the generator?

Then you are its provider, and Article 50(2) is yours. Article 111(4), added by Regulation (EU) 2026/1744, gives providers of such systems placed on the market before 2 August 2026 until 2 December 2026 to comply with Article 50(2).

• Article 50(2): providers of AI systems, including general-purpose AI systems, generating synthetic audio, image, video or text content ensure that the outputs are marked in a machine-readable format and detectable as artificially generated or manipulated, as far as technically feasible. The duty does not apply to the extent the systems perform an assistive function for standard editing or do not substantially alter the input data provided by the deployer or its semantics, or where authorised by law to detect, prevent, investigate or prosecute criminal offences.

Where does marketing meet the prohibitions?

• Where the technique is manipulative or exploitative and the harm is significant.
• Recital 29 says that "common and legitimate commercial practices, for example in the field of advertising, that comply with the applicable law should not, in themselves, be regarded as constituting harmful manipulative AI-enabled practices", and every condition in each point below has to be met.
• Chapters I and II, which hold Articles 4 and 5, apply from 2 February 2025 (Article 113, third paragraph, point (a), as replaced by Regulation (EU) 2026/1744).
• That point keeps two later dates: Article 5(1), first subparagraph, points (ba) and (bb) apply from 2 December 2026, as do Article 5(1a) and (1b).

• Article 5(1), first subparagraph, point (a): an AI system that deploys subliminal techniques beyond a person’s consciousness or purposefully manipulative or deceptive techniques, with the objective or the effect of materially distorting behaviour by appreciably impairing a person’s ability to make an informed decision, causing them to take a decision they would not otherwise have taken in a manner that causes or is reasonably likely to cause significant harm, is prohibited.
• Article 5(1), first subparagraph, point (b): an AI system that exploits the vulnerabilities of a natural person or a specific group of persons due to their age, disability or a specific social or economic situation, with the objective or the effect of materially distorting their behaviour in a manner that causes or is reasonably likely to cause significant harm, is prohibited.
• Article 4(1), as replaced by Regulation (EU) 2026/1744: providers and deployers of AI systems take measures to support the development of AI literacy of their staff and of other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the context of use, and considering the persons or groups of persons on whom the systems are to be used. The obligation does not require them to guarantee any specific level of AI literacy of any individual.