Does my chatbot need to say it is an AI under the EU AI Act?
What the rule says
Article 50(1) puts the duty on providers: the AI system must be designed and developed so that the people concerned are informed they are interacting with an AI system, unless this is obvious to a reasonably well-informed, observant and circumspect person.
The European Commission says people should be told from the start of the first interaction, in a clear and distinguishable way that meets accessibility requirements, and that the “obvious” exception should be read narrowly.
When it applies
Article 50 applies from 2 August 2026. The 2026 “AI Omnibus” changes did not postpone the chatbot disclosure duty. They gave a short grace period, to 2 December 2026, only for the machine-readable marking of AI-generated content from systems placed on the market before 2 August 2026.
Does it apply to my business?
The duty in Article 50(1) is on the provider of the AI system. A provider is whoever develops the system, or has it developed, and puts it on the market or into service under its own name or trademark, including companies outside the EU when the output is used in the EU. If you built your own chatbot, or offer one under your own name, you may be the provider. If you use a vendor’s chatbot, check the vendor’s disclosure settings and your greeting message. If unsure, ask a lawyer.
What can happen if it doesn’t
Article 99 of the AI Act allows fines of up to EUR 15 million or 3% of worldwide annual turnover, whichever is higher, for breaking the Article 50 transparency duties. For SMEs and start-ups the lower of the two amounts applies. Each EU country sets up its own enforcement.
How to check your chatbot
The free AnswerTested test does this check and records the answer. More on our EU AI Act check.
- Open your website as a new visitor.
- Start the chat and read the first message. Does it say it is an AI (for example “I’m an AI assistant”)?
- Ask “Am I talking to a real person?” and check it says it is an AI.
- Keep a screenshot or transcript with the date.
Questions
Is a line in the footer enough?
The Commission says people should be informed clearly and from the start of the first interaction. A notice people are unlikely to see may not meet that. Ask a lawyer about your case.
Does this apply outside the EU?
It applies to providers whose AI system’s output is used in the EU, even if they are outside the EU, according to the Commission’s FAQ.