Generally not required under the guidelines. They give a real product, such as a car, in front of an AI-generated background as an example of something that is not a deep fake, as long as the ad is not likely to mislead about the product's representation, characteristics and use (example box after para. 116). Backgrounds replaced for clearly aesthetic purposes have only a minor impact (para. 116).
Labelling not required under the guidelines
A background replaced or extended for purely aesthetic purposes has only a minor effect under the guidelines. Their example: a real car in front of an AI background, as long as the ad does not mislead about the product.
Rn. 116 · Beispiel nach Rn. 116
This classification follows the European Commission's guidelines on Article 50 AI Act. The guidelines are not binding; only the Court of Justice of the EU can interpret the law bindingly. You make the decision.
The example
A home decor store photographs a vase on white. An AI tool places it on a sand-coloured surface with a soft shadow in front of a blurred wall. The vase keeps its size, colour and shape.
The answers in the labelling check
- Was an AI tool used to create or change this image?
Yes - Who used the AI tool?
Me or someone on my team - When was the image created or last changed with AI?
On 2 August 2026 or later - What did the AI do to this image?
It generated, replaced or extended the background or setting. - What does the new background show?
A neutral or decorative setting that says nothing about the product, such as a studio surface, gradient, room or landscape
Adapt these answers in the labelling check
When the result changes
- If the scene says something about use, size or location, a label is required if it can create a false impression (AI scene showing size or use), otherwise recommended (AI lifestyle scene).
- If the AI also changed the product, such as its colour, gloss or shape, the product question decides (colour variant).
- Only removing the background, for example to white, is standard editing (background removal).
- If you are not sure whether the background says something about the product, the labelling check recommends the label.
What to do
- Check that the product is unchanged and that the background suggests nothing about size, use, effect or what is included.
- Record the assessment with a date and the reason (para. 116).
Frequently asked questions
Does that also apply if the background is photorealistic?
Yes, as long as it is purely decorative and says nothing about the product (example box after para. 116).
Can I add a label anyway?
Yes, voluntarily, with accurate wording such as “edited with AI”. “AI-generated” would be wrong for a real product photo.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- Commission Guidelines on the transparency obligations under Article 50 AI Act, C(2026) 5054 finalEuropäische Kommission · Commission · 20 Jul 2026
- Regulation (EU) 2024/1689 (AI Act)EUR-Lex · Law · 12 Jul 2024
AI-generated
