The transparency obligations under Article 50 of the AI Act are enforceable from 2 August 2026. Anyone who breaches them risks a fine of up to 15 million euro or 3 percent of total worldwide annual turnover over the preceding financial year, whichever of those two amounts is higher. The duty was not postponed by the Digital Omnibus: it applies in full from that date. Enforcement sits with the national market surveillance authorities designated by the member states.
This page accompanies our practical overview of Article 50 and the guide to the provider and deployer split. Below you will find when Article 50 becomes enforceable, how high the fines can run, who enforces, and why this regime works differently from the high-risk regime.
When does Article 50 become enforceable?
The transparency obligations under Article 50 apply and are enforceable from 2 August 2026. That is not an intention or a target date, but the date on which the authority can act. The Digital Omnibus did not move this date. Anyone who waits until the last moment has no transition period to fall back on come 2 August 2026.
The duty itself is also direct in nature. Unlike high-risk systems, you do not have to work through a long chain of preparation. You must disclose the use of AI: clearly, at the latest at the first interaction or exposure, and accessibly. Precisely because the duty is so concrete, a shortcoming is also easy to establish.
How high can the fines run?
For a breach of provider or deployer obligations, including those under Article 50, the authority can impose a fine of up to 15 million euro or 3 percent of total worldwide annual turnover over the preceding financial year, whichever of those two amounts is higher. This follows from Article 99 of the AI Act.
That figure does not stand on its own. The AI Act sets several fine levels, depending on what is breached.
| Question | Answer |
|---|---|
| Which regime does Article 50 fall under? | Provider and deployer obligations, Article 99 |
| What is the fine? | Up to 15 million euro or 3 percent of worldwide annual turnover, whichever is higher |
| Enforceable from when? | 2 August 2026, not postponed |
| Who enforces? | The national market surveillance authorities |
By way of comparison: a breach of the prohibited practices under Article 5 carries the highest level, up to 35 million euro or 7 percent. Supplying incorrect or misleading information to authorities can cost up to 7.5 million euro or 1 percent. For SMEs and start-ups, the lower of the percentage or the fixed amount applies in each case.
Article 50 therefore does not fall under the heaviest fine level, which is reserved for the prohibited practices under Article 5. Even so, a fine of up to 15 million euro or 3 percent of worldwide annual turnover for a transparency shortcoming is substantial, especially because the duty is straightforward to comply with.
Who enforces Article 50?
Enforcement sits with the national market surveillance authorities designated by the member states. They assess whether the use of AI was disclosed in time, clearly and accessibly, and they can impose the fines under Article 99. Which authority or authorities these become exactly depends on the national designation.
For your organisation, this means you must be able to show the authority that you comply. A verbal assurance or an internal assumption is not evidence. The burden of demonstrating that the disclosure was timely and clear rests with you.
Why Article 50 is not a high-risk regime
Article 50 is not a high-risk regime. There is no conformity assessment, no technical documentation under Annex IV, and no registration in an EU database. The duty is more direct than that: disclose the use of AI, clearly, at the latest at the first interaction or exposure, and accessibly.
That distinction matters because it determines the nature of your preparation. For a high-risk system you invest in an extensive file. For Article 50 you invest in a simple but consistently applied disclosure and in the evidence that you actually provide it. Anyone who confuses this with the heavier high-risk obligations is building the wrong file.
What should you do now?
Map Article 50 use cases
Map where in your organisation AI interacts directly with people or generates content that falls under Article 50. Determine per system who is responsible for the disclosure.
Ensure a timely disclosure
Ensure the disclosure is timely, clear and accessible: at the latest at the first interaction or exposure, and not hidden away. Test this for each channel on which you publish.
Build an evidence layer
Build an evidence layer: screenshots, configurations, policy, and who is responsible per system. This lets you demonstrate compliance to the authority.
Organisations that arrange this before the summer will not have to improvise on 2 August 2026 and can prevent a shortcoming before the authority can act.
Frequently asked questions about Article 50 enforcement
Practical questions about fines and enforcement for non-compliance with the transparency obligations under Article 50 of the AI Act.