Since when must chatbots disclose they are AI in the EU?

Since 2 August 2026 — Article 50(1) applies from that date under Article 113 of the AI Act, with no transition period. The 2 December 2026 date concerns only the machine-readable marking duty for systems placed on the market before 2 August 2026.

Is a disclosure needed if it's obvious the user is talking to a bot?

Only where AI nature is obvious to a reasonably well-informed, observant and circumspect person in the circumstances — read restrictively in the final guidelines. General awareness that chatbots exist is not enough, and the threshold rises for vulnerable audiences.

Where must the AI notice appear?

Clearly and distinguishably at the latest at the first interaction, repeated where users can join mid-session, and meeting accessibility requirements (Article 50(5)).

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Does your chatbot need an AI disclosure in the EU? Almost certainly, since 2 August 2026

Current to 26 August 2026 · updates land in the changelog.

If people talk to your AI system, Article 50(1) of the EU AI Act requires them to be told they are talking to AI — and it has applied since 2 August 2026. There is no transition period for this duty: the much-quoted 2 December 2026 date is a grace for the separate machine-readable marking duty, not for disclosure.

The duty, and who carries it

The obligation sits on the provider of an AI system intended to interact directly with natural persons: design and develop it so the people concerned are informed they are interacting with AI. Customer-support bots, sales assistants, onboarding flows, in-app helpers — the wording is not limited to any product category. If you built or commissioned the chatbot and offer it under your name, you are likely the provider.

The “unless it's obvious” exemption is narrow

Disclosure is not needed where the AI nature is obvious to a “reasonably well-informed, observant and circumspect” person in the circumstances. The final guidelines (adopted 20 July 2026) read this restrictively: general public awareness that chatbots exist does not make your chatbot obvious, and the threshold rises where the audience includes children, the elderly or persons with disabilities. Betting the compliance position on “everyone knows it's a bot” is exactly the bet the guidelines warn against.

When and how the notice must appear

Article 50(5) fixes the timing: clear and distinguishable information at the latest at the first interaction — not in a linked policy, not after three exchanges. The guidelines add that disclosure must repeat where users can join mid-session, and accessibility requirements apply. Wording patterns and placement are covered in the disclosure-wording guide.

What non-compliance costs

Article 50 breaches sit under Article 99(4): fines up to €15,000,000 or 3% of worldwide annual turnover, whichever is higher — with an SME mercy: for SMEs and startups the cap is whichever is lower. Enforcement powers have been live since 2 August 2026. Details in the penalties guide.

Related guides

Quick answers

Since when must chatbots disclose they are AI in the EU?: Since 2 August 2026 — Article 50(1) applies from that date under Article 113 of the AI Act, with no transition period. The 2 December 2026 date concerns only the machine-readable marking duty for systems placed on the market before 2 August 2026.
Is a disclosure needed if it's obvious the user is talking to a bot?: Only where AI nature is obvious to a reasonably well-informed, observant and circumspect person in the circumstances — read restrictively in the final guidelines. General awareness that chatbots exist is not enough, and the threshold rises for vulnerable audiences.
Where must the AI notice appear?: Clearly and distinguishably at the latest at the first interaction, repeated where users can join mid-session, and meeting accessibility requirements (Article 50(5)).

Ship the disclosures before enforcement finds the gap.

The AI Act Article 50 Kit: the disclosure copy library (English + 中文), the marking implementation guide with survival-test protocol, deepfake and text-labeling walkthroughs, obviousness and scope memos, the evidence log, the Code of Practice accession path — built from the regulation and the final guidelines, with pinpoint citations.

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General information only — not legal advice, and no clearance opinions. Sources are Regulation (EU) 2024/1689 (Articles 50 and 99), Regulation (EU) 2026/1744, the Commission's final Article 50 guidelines of 20 July 2026 (non-binding) and our audited kit research. Marking-technology status changes fast: treat vendor announcements as live only once verified. © 2026 Kilde.

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