From 2 August 2026, every provider of an AI system intended to interact directly with natural persons must design that system so the person knows they are communicating with an AI system. This follows from Article 50(1) of the AI Act and applies, for example, to chatbots and voice assistants. The duty only falls away when it is evident to a reasonably well-informed, observant and circumspect person, given the circumstances and context. The duty was not postponed by the Digital Omnibus and has no transition period: it applies in full from 2 August 2026.
This page accompanies our practical overview of Article 50. Because disclosing alone is not enough, you will also find below why steering behaviour by a chatbot remains a real risk even when the AI disclosure is in place.
What does Article 50(1) require?
Article 50(1) requires the provider to design an AI system that interacts directly with people so the user knows they are communicating with an AI system. It is therefore not a separate notice given afterwards, but a design duty: the knowledge that this is AI must be built into the system itself.
The disclosure must be given at the latest at first interaction, be clear and distinguishable, and be accessible to people with disabilities. A disclosure that is effectively impossible to find does not comply.
Who must make the disclosure?
The duty sits with the provider: the party that develops the AI system or places it on the market under its own name or trademark. Because it is a design duty, the disclosure belongs to the system itself, not to its incidental use.
| Question | Answer |
|---|---|
| Who carries the duty? | The provider that develops or markets the system under its own name |
| For which systems? | AI systems that interact directly with natural persons |
| When must the disclosure be made? | At the latest at first interaction |
| From when does it apply? | 2 August 2026, no transition period |
The misconception that a small line saying "I am an AI" is enough is exactly where organisations go wrong. The disclosure must be clear and distinguishable, and the design must carry that knowledge from the first contact.
When is the disclosure not required?
The duty is not absolute. It falls away when it is evident to a reasonably well-informed, observant and circumspect person that they are dealing with an AI system, given the circumstances and context. There is also an exception for AI systems authorised by law to detect, prevent or investigate criminal offences, subject to appropriate safeguards. That exception in turn falls away when the system is available for the public to report criminal offences.
Anyone relying on the evidence exception must be able to explain why it is genuinely clear to an average user. When in doubt, disclosing is the safe choice.
Disclosing alone is not enough
The most underestimated mistake is to think the duty ends with the notice that this is AI. A chatbot that steers users remains a risk even when it neatly discloses that it is AI. The Dutch Data Protection Authority found that chatbots systematically gave coloured voting advice. Implicit steering is just as risky as explicit advice.
Setting up a chatbot well means more than an AI disclosure. Set clear limits on what the bot does and does not do, build in escalation to a human, and ensure demonstrable monitoring of what the bot says to users. That is how you prevent the bot from steering people unnoticed.
How does this relate to the rest of Article 50?
This disclosure duty for direct AI interaction sits apart from two other duties. The machine-readable marking of AI-generated content is in Article 50(2). The visible disclosure for deepfakes is in Article 50(4). A chatbot may fall under 50(1) while the content it produces falls under a different rule. Keep these duties apart and determine per case which one applies.
What should you do now?
Map systems that talk to people
Map which AI systems in your organisation interact directly with customers or citizens. Think of chatbots, voice assistants and automated conversation channels.
Build the disclosure into the design
Determine per system whether you are the provider and build the AI disclosure into the design, at the latest at first interaction, clear and distinguishable and accessible to people with disabilities.
Set limits and monitor behaviour
Set limits on what the bot does, build in escalation to a human and set up monitoring for steering behaviour. Keep evidence: policy, screenshots and logging.
Organisations that arrange this before the summer will not have to improvise with a loose notice on 2 August 2026.
Frequently asked questions about the AI disclosure duty for chatbots
Practical questions about the disclosure duty for direct AI interaction under Article 50(1) of the AI Act.