AI Act in E-Commerce: What Online Retailers Must Do Now

As an EU regulation, the AI Act applies directly without national implementation. As of August 2, 2026, Article 50 of the AI Act has become applicable. It sets out transparency obligations for interacting with AI systems and for publishing certain AI-generated content. Importantly, the obligation does not apply to every AI-generated piece of content across the board. It targets three areas that matter most for online retail.

AI Chatbots in Customer Service: Disclosure Before the First Message

If your shop uses an AI chatbot or virtual assistant for customer service, customers must be able to recognize from the start that they are talking to an AI system. Under Article 50(1), this disclosure must happen before the interaction begins, for example right when the chat window opens. An exception applies only if it is already obvious to a reasonable user that they are dealing with a machine. In practice, a clear and visible notice is still the safer choice.

AI Images in the Shop: When a Product Photo Becomes a Deepfake

For visual content, the focus is on photorealistic AI images that could qualify as deepfakes. What matters is not how much of an image is AI-generated, but whether the overall impression is deceptively realistic. A real product photo placed in front of an artificially generated background can already fall under the labeling requirement if it creates the impression of an authentic photograph. This also applies to mockup tools and image editors that increasingly rely on AI features without making this obvious at first glance. When in doubt, labeling is the safer route until clearer industry practice emerges.

AI Texts: Where the Exception for Product Copy Applies

Automatically generated text is also subject to a labeling requirement, though a narrower one than for images. It mainly applies to published AI text that informs the public on matters of public interest, such as politics, health, or consumer protection. Purely promotional and product copy is generally exempt. For most shop and product descriptions, this means there is currently no blanket labeling requirement, though it is worth reviewing regularly since the classification can shift depending on the individual case.

Already in Force: Prohibited AI Practices Since February 2025

Beyond the new transparency rules, parts of the AI Act have been in force for longer. Since February 2, 2025, certain AI practices have been banned outright. For e-commerce, the most relevant prohibition covers AI systems that use subliminal techniques beyond a person's awareness, or deliberately manipulative methods. If you use personalized recommendation engines, dynamic pricing, or psychologically charged interface elements, it is worth reviewing these mechanisms for potential grey areas.

Transition Period for Existing Systems Until December 2026

There is some relief for AI systems that were already on the market before August 2, 2026: under the provisional agreement on the Digital Omnibus Regulation from May 2026, providers of such generative AI systems have until December 2, 2026 to fully implement the machine-readable marking requirement under Article 50(2). This transition period does not apply to newly placed systems or to the basic chatbot disclosure requirement under Article 50(1), which remains binding from August 2, 2026.

What Online Retailers Should Do Now

Many AI features are already built into shop software or middleware by default, often without operators realizing it. A structured approach helps keep track:

• Build an AI inventory: Get an overview of where AI systems are used in your shop, from chatbots to image editing to recommendation logic.
• Check with your vendors: Ask your shop software and tool providers directly about existing AI features and how they support labeling.
• Adjust your processes: Make sure labels appear automatically wherever they are required, such as in chat windows or on image content.
• Build AI literacy: The AI Act requires that employees working with AI systems understand how they function, their limitations, and their risks.

Non-compliance is not a minor issue: fines can reach up to €15 million or 3 percent of global annual turnover.