{"id":4055,"date":"2026-08-04T16:24:43","date_gmt":"2026-08-04T14:24:43","guid":{"rendered":"https:\/\/schneller.legal\/deepfakes-and-the-new-disclosure-requirement-what-users-legal-entities-and-individuals-of-ai-systems-need-to-know-from-august-2026\/"},"modified":"2026-08-04T16:57:01","modified_gmt":"2026-08-04T14:57:01","slug":"deepfakes-and-the-new-disclosure-requirement-what-users-legal-entities-and-individuals-of-ai-systems-need-to-know-from-august-2026","status":"publish","type":"post","link":"https:\/\/schneller.legal\/en\/deepfakes-and-the-new-disclosure-requirement-what-users-legal-entities-and-individuals-of-ai-systems-need-to-know-from-august-2026\/","title":{"rendered":"Deepfakes and the New Disclosure Requirement: What Users (Legal Entities and Individuals) of AI Systems Need to Know from August 2026"},"content":{"rendered":"\t\t
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AI-generated images, voices, and videos have become an integral part of everyday business operations. They are widely used in virtual influencers on Instagram, advertising campaigns, training videos, and many other commercial applications. Their appeal is obvious: they enable the fast and cost-effective creation of high-quality content. However, the more realistic these AI-generated materials become, the greater the risk that viewers will mistake them for authentic content.<\/p>\n

This is precisely where the European AI Act<\/strong> comes into play. As of 2 August 2026<\/strong>, providers and users of AI-generated content must comply with new transparency obligations for so-called deepfakes<\/strong>. Companies and individuals using AI-generated content for commercial purposes should familiarize themselves with these new requirements now. Failure to comply may not only result in administrative fines under the AI Act but also give rise to claims under unfair competition law, trademark law, copyright law, and personality rights.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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The illustration shows the original image alongside an AI-modified version.<\/figcaption>\n\t\t\t\t\t\t\t\t\t\t<\/figure>\n\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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What Is Considered a Deepfake Under the Law?<\/strong><\/h2>\n

The legal definition of a deepfake is narrower than many people assume.\u00a0According to Article 3(60) of the AI Act, a deepfake is an AI-generated or AI-manipulated image, audio recording, or video that resembles a real person, object, place, entity, or event and is capable of being falsely perceived as authentic or truthful.<\/p>\n

To clarify this definition, the European Commission published its final Guidelines on Article 50 of the AI Act on 20 July 2026. In addition, a Code of Practice on Transparency of AI-Generated Content<\/a>, published on 10 June 2026, provides practical guidance for businesses on implementing the transparency requirements.<\/p>\n

The classification of content as a deepfake depends primarily on four criteria:<\/p>\n

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  1. Recognizable resemblance:<\/strong> The content must closely resemble a person, place, object, or event.<\/li>\n
  2. Real or plausible existence:<\/strong> The depicted subject must exist, could plausibly exist, or could plausibly have existed.<\/li>\n
  3. Broad scope of application:<\/strong> The rules apply not only to people but also to places, objects, and events, including digital replicas of real individuals and highly realistic AI-generated avatars.<\/li>\n
  4. Potential to mislead:<\/strong> The content must be capable of leading its intended audience to believe that it is genuine or truthful.<\/li>\n<\/ol>\n

    Importantly, an intention to deceive is not required<\/strong>. Nor is the assessment based on the perception of an average person. Instead, the relevant benchmark is the actual target audience, which may include older individuals, children, or users with limited media literacy.<\/p>\n

    By contrast, content that is obviously unrealistic, such as people flying without assistance or talking animals, generally does not<\/strong> fall within the legal definition of a deepfake.<\/p>\n

    Practical Example<\/strong><\/em><\/h3>\n

    A photorealistic AI-generated avatar appears in a promotional video advertising a real smartphone model. The avatar’s facial expressions, speech, and movements appear convincingly human, even though the character itself is entirely fictional.<\/p>\n

    Because the avatar closely resembles a real person and is capable of creating the impression of authenticity, it qualifies as a deepfake subject to the AI Act’s transparency requirements<\/strong>, even though the depicted individual does not actually exist.<\/p>\n

    If the video also features a real product protected by trademark rights, businesses should assess not only the AI Act’s disclosure obligations but also potential issues under trademark law and unfair competition law.<\/p>\n

    How Must Deepfakes Be Properly Disclosed?<\/strong><\/h2>\n

    The disclosure must be clear, unambiguous, and easily understandable<\/strong>. Users should be able to recognize immediately that the content has been generated or manipulated by AI, without requiring technical tools or additional investigation.<\/p>\n

    According to the European Commission’s Guidelines, it is not sufficient<\/strong> to provide the disclosure only:<\/p>\n