The EU AI Act and Fashion Advertising: A Plain-English Checklist for Brands

Short answer: Under the EU AI Act's transparency rules (Article 50), which apply from 2 August 2026, AI generated or manipulated images, video and audio that could look real (deepfakes) must be clearly disclosed, and AI providers must mark outputs in a machine readable way. For brands this means: label realistic AI people and scenes, keep records of how images were made, and never let AI images misrepresent a product. This article is general information, not legal advice.

What the rules cover

• Providers of AI tools must mark generated content so it can be detected as AI made.
• Deployers (that includes brands publishing content) must disclose when realistic images, audio or video of people, places or events have been generated or manipulated by AI.
• Obviously artistic, creative or satirical work has lighter obligations, but disclosure must still not be hidden.

Consumer protection law also applies: an image that misleads a customer about the product is a problem with or without AI.

Checklist before publishing an AI campaign

1. Is there a realistic person, place or event? If yes, disclose.
2. Is the product accurate? Colour, fit, material and details must match what ships.
3. Is the disclosure visible? A clear label such as "Created with AI" or "AI generated image", not buried in a footer.
4. Do you have rights to every input? Model likeness, reference photos, logos and fonts.
5. Are you using a real person's likeness? Get written consent covering AI use.
6. Are records kept? Tools, prompts, inputs and dates for each asset.
7. Do platform rules apply? Instagram, TikTok and YouTube have their own AI labels.
8. Have agencies and freelancers agreed? Put AI use and disclosure in contracts.

Practical labelling examples

• Social post: "AI generated image" in the caption or the platform label
• Product page: a small note near the image if the model is AI generated
• Video: an on screen label at the start, plus caption note

Why being open helps

Audiences react badly when AI use is discovered, not when it is declared. Brands that explain how they use AI creatively build trust instead of losing it.

Learn more

See our resource on AI client disclosure and the AI Ethics for Creatives workshop. Always confirm requirements for your markets with a qualified lawyer.