The key provisions of the AI Act have been in effect in the European Union since August 2, 2026. It is intended to promote the safe and transparent use of artificial intelligence without unnecessarily hindering innovation. To this end, the AI Act takes a risk-based approach: The greater the potential risk posed by an AI system, the more extensive the requirements.
But what does this mean for marketing, communication, and content creation? Does every AI-generated image now have to be labeled? Does every ChatGPT text need a disclosure? And can companies still use AI as easily as they have in the past?
The short answer: AI in marketing is still a viable option. However, companies should know exactly where and how to use AI. We’ll explain what you should keep in mind.
Note: This article provides a general overview of the EU AI Act from a marketing and agency perspective. It does not constitute legal advice and cannot replace an individual legal review. For specific legal questions, we recommend seeking expert legal counsel.
What is the EU AI Act?
The EU AI Act (official Regulation (EU) 2024/1689) establishes a common legal framework for artificial intelligence within the European Union. The goal is to promote the development and use of trustworthy AI while establishing clear rules for its deployment.
To this end, the regulation distinguishes between different areas of application and risk levels. Put simply, an AI tool that helps formulate a social media caption is assessed differently than a system that, for example, influences decisions regarding employment, education, or access to essential services.
For marketing teams therefore, many everyday applications are unlikely to fall under the category of highly regulated, high-risk systems. Nevertheless, the AI Act contains some rules that may also be relevant to standard communication and content processes, most notably the transparency requirements.
Does AI-generated content now always have to be labeled?
Not all AI-generated content must automatically be labeled as such. The EU AI Act requires labeling only for certain use cases. Article 50, among other provisions, specifies which cases these are. Transparency is particularly important when people interact directly with an AI system or when AI generates certain types of synthetic or manipulated content.
The following cases are particularly relevant for marketing and communications:
AI Chatbots and Direct Interaction
When people interact directly with an AI system, they should generally be informed that they are dealing with AI, unless this is already obvious. This may be relevant, for example, for an AI-based service or advisory chatbot on a website.
AI-generated images, videos, and audio files
Different requirements apply to artificially generated or manipulated content. Providers of such AI systems must, for example, take technical precautions to ensure that synthetically generated content can be identified as such.
For companies that publish AI-generated content, the regulation on so-called “deepfakes” is particularly relevant. If image, audio, or video content is generated or altered using AI in such a way that it may appear authentic, it must generally be disclosed that the content was artificially generated or manipulated. However, for content that is clearly artistic, creative, satirical, or fictional, the AI Act provides for a less stringent form of this transparency requirement.
AI-generated texts
The same principle applies here: Not every text that ChatGPT was involved in automatically requires an AI label.
Labeling may be particularly relevant when AI-generated or manipulated texts are published to inform the public about matters of public interest.
An exception applies to content that has been reviewed by a human or editorially edited prior to publication and for which a person or organization bears editorial responsibility. This is an important point
for marketing teams: Human oversight not only ensures better content but also plays a role in the AI Act.
What does the EU AI Act mean for marketing, specifically?
For marketing teams, the AI Act primarily provides greater clarity on how AI should be used in day-to-day work. It is crucial to keep track of the tools and use cases being employed and to establish clear responsibilities for review and approval.
This allows potential requirements to be addressed early on while also integrating AI effectively into existing processes. In practice, four key points are particularly important:
1. Knowing where AI is actually used
Copywriting, translation, image generation, social media, research, personalization, lead scoring, chatbots, marketing automation: AI can now be found in a surprisingly wide range of areas within the marketing process.
A sensible first step, therefore, is to take stock: Which AI systems are we using, and for what purposes?
Only once these use cases are identified can we meaningfully assess which areas warrant closer scrutiny.
2. Establish Clear Processes for AI-Generated Content
“ChatGPT said …” is not a particularly good approval strategy.
AI-generated content should therefore not make its way from a tool to a website, LinkedIn, or the next campaign without being reviewed. Fact-checking, brand alignment, tone, and editorial responsibility remain tasks that require clear lines of accountability.
This applies regardless of whether a particular piece of content ultimately requires attribution or not.
A good AI workflow could, for example, specify:
- which tools may be used for which tasks,
- which data may be entered into AI systems,
- which content must always be reviewed by a human,
- who is responsible for final approval, and
- when a disclosure must be verified.
3. Build transparency into the process from the very beginning
Particularly when it comes to AI-generated images, voices, and videos, it should be determined during the planning phase whether and how the use of AI must be made transparent.
Therefore, labeling should be taken into account as early as the briefing stage.
4. Building AI Competence Within the Team
Anyone who wants to use AI professionally needs more than just a few good prompts.
The EU AI Act requires providers and operators of AI systems to take measures to ensure that employees and other relevant individuals have a sufficient level of AI literacy. In doing so, their technical knowledge, experience, and the specific context of use should be taken into account, among other factors.
For companies, this does not necessarily mean a comprehensive training program. However, employees should know which tools they are permitted to use, what risks are associated with them, how results are verified, and what information is best left out of a prompt.
The EU AI Act isn't the only regulation that matters
Even if the use of AI is permitted under the EU AI Act, other legal requirements may apply in the context of marketing. These include, for example, data protection, copyright, and privacy rights.
For instance, anyone processing personal data using AI must also comply with the requirements of the GDPR. When it comes to AI-generated images, text, or videos, issues surrounding copyright and usage rights may also come into play.
The AI Act is therefore only one part of the legal framework that companies should consider when using AI. The specific requirements that apply always depend on the individual use case.
The EU AI Act and Marketing: Less Panic, More Process
The EU AI Act does not make AI in marketing impossible. Nor does it require a big “WARNING: AI!”
label under every LinkedIn post written with ChatGPT. What the AI Act does make clear, however, is that companies need clear rules for the use of AI. Clear responsibilities, established review processes, and transparency in the use of AI create a solid foundation for this.
As an agency, we help identify suitable AI use cases and integrate them effectively into marketing processes and digital platforms.