The rules require certain AI-generated or manipulated content that resembles real people, places or events, including deepfakes, to be clearly identifiable, including through machine-readable markings. Transparency requirements also apply to emotion recognition and biometric categorisation systems, as well as to AI-generated text published on matters of public interest without human editorial control.

Businesses must also inform users when they are interacting with an AI system, such as a chatbot, AI agent or virtual avatar, rather than a person.

For retailers using AI-powered chatbots, virtual assistants or automated content generation in marketing and customer service, the new rules mean ensuring that consumers receive clear information about the use of AI. Enforcement is carried out by national market surveillance authorities and the EU AI Office, with penalties for companies reaching up to €15 million or 3% of global annual turnover, subject to proportionality rules for SMEs and small mid-cap companies.

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