Since 2 August, Article 50 of the AI Act has required certain AI-generated content to be flagged, on pain of a fine of up to €15 million or 3% of worldwide turnover. The obligation also applies to SMEs that publish a chatbot, a newsletter or a visual produced by AI, and goes well beyond the large model providers.
The facts
- Two cases trigger the flagging obligation: AI content (image, audio, video) that deceptively imitates a real person, place or event, and text published on a matter of public interest without human editorial control.
- Article 99 of the regulation provides for a fine of up to €15 million or 3% of worldwide annual turnover, whichever is higher.
- The European Commission proposes three free icons: AI, fully generated, modified by AI, in four variants and two formats, SVG and PNG.
- Using these specific icons remains optional; the flagging obligation under Article 50 does not.
What has to be flagged, and with which icon?
The basic icon covers a general role of AI in the creation, without falling into the two cases set out in Article 50. “Fully generated by AI” targets content with no human element and no editorial control. “Modified by AI” targets real content altered to the point of becoming deceptive, such as a face swapped on an authentic photo. A manifestly artistic or satirical work only requires a disclosure that does not hinder its viewing, and text reviewed and editorially approved by a person escapes the obligation entirely.
An equivalent alternative, such as a notice overlaid on the interface, can replace the official icon. The flag itself must remain perceptible from the public's first exposure, embedded directly in the content rather than set aside, and visible if the content is reshared or downloaded.
AIxH's view
This text transposes to generative AI a principle already familiar from the GDPR, transparency about automated processing, with its own sanctions regime. Our AI integration audits map a company's generative uses, chatbot, newsletter, visuals, before deciding case by case what has to be flagged and how. If you produce content with generative AI, an initial inventory is often enough to clarify what falls under Article 50.