# AI label: overlay or burned into the image? Store, ads, marketplaces

> When an AI label as a store overlay is enough and when it belongs in the image: ads, feeds, marketplaces, newsletters, downloads, with platform rules.

URL: https://easyaiactlabels.com/en/guides/ai-label-overlay-or-burned-in/

[Guides](/en/guides/) /Practice

# AI label: overlay or burned into the image? Store, ads, marketplaces

Last updated: 4 October 2026 Responsible: Martin Jäger Created with AI 9 min read

Short answer

In your own store, an AI label that appears visibly on the image as an overlay is enough: the Code of Practice of 10 June 2026 names such an overlay as an equivalent alternative to an embedded icon. Images that leave the store do not take the overlay with them; for channels you feed yourself, such as ads, feeds, marketplaces, newsletters and social media, you need the platform’s labelling option where it is visible on the image, or a copy with the label burned in where the platform allows it. The original file stays without a label so you can derive a suitable version for each channel.

An AI label can get onto an image in two ways. As an overlay, the store displays it on top of the image and the file stays unchanged. Burned in, it becomes part of the pixels and travels wherever the file goes. Both show the label visibly; they differ in where it arrives. This guide shows what the EU AI Act (Regulation (EU) 2024/1689), the European Commission’s guidelines of 20 July 2026 (C(2026) 5054 final) and the Code of Practice of 10 June 2026 say about where the label goes, which approach works for which channel and what platforms allow in the image (as of 1 October 2026). Which images need a label in the first place is covered in the guide [Which images in your store need an AI label?](/en/guides/which-images-need-a-label/)

## What does the law say about where the label goes?

The obligation is yours as a deployer: if you use an AI tool to generate or manipulate an image that is a deepfake, you must disclose this under Article 50(4) AI Act. Under Article 50(5), the information must be provided “in a clear and distinguishable manner at the latest at the time of the first interaction or exposure”. The provision names no place; according to the guidelines, the information may, among other options, be presented as part of the content (para. 142). Three requirements apply to both approaches:

-   **On the image, not in a menu**: information hidden under layers of menu options or in terms of use that is easily overlooked is not clear and distinguishable (para. 142).
-   **For every viewer**: the obligation applies to each output with respect to any person exposed to it (para. 143).
-   **Without technical aids**: you cannot rely on the machine-readable marking that the tool’s provider writes into the file under Article 50(2) (para. 117). That marking is owed by the provider, not by your store.

The Code of Practice only binds signatories, but it is the most detailed guidance. Under it, the label is embedded directly into the content unless equivalent alternatives are available, such as a user interface overlay that appears to viewers to be on the content (Sub-measure 1.2.1(c)). Overlay and burned-in label are therefore equivalent, as long as the label is recognisable immediately and without user action (point (a)), stands out against any background (point (d)) and sits in a place without intervening overlay elements, for example the top right corner (Sub-measure 1.2.2(a)). The AI Service Desk at RTR in Austria summarises the Code the same way and adds that a symbol so small or low in contrast that it is overlooked under normal conditions does not meet the obligation (FAQ, retrieved 1 October 2026).

## When is the overlay in the store enough?

For all pages of your own store. The overlay sits on the image wherever the theme shows it, and it leaves the file unchanged, including any provenance marker in the stored original. For it to work:

-   It appears in every image location: product gallery, variant images, collection, home page, search, blog.
-   It is visible without hover, click or zoom, and badges such as “Sale” do not cover it.
-   A text alternative for screen readers complements it (Article 50(5), second sentence); alt text alone does not replace the visible label.

Easy AI Act Image Labels takes this approach: the app shows the EU icon through a theme app embed, changes no image file, and sets no label in feeds, on marketplaces, in ads or in emails. The label sits below the theme’s text, buttons and badges; choose the corner so that nothing covers it.

## When does the label have to go into the image?

As soon as the image leaves the store. A feed, a marketplace upload, an ad asset or a newsletter takes the file or its address, not the store page, and therefore no overlay. Under the guidelines, deployers in distribution chains should take proportionate measures so that their label reaches the audience, for example through contractual conditions with distributing partners or interface settings (para. 12).

How far this reaches is not expressly regulated. Para. 115 offers a pointer: when assessing which audience a deepfake could mislead, deployers are not expected to consider further dissemination by third parties beyond the reasonably foreseeable audience, taking into account the intended distribution channels. The Commission’s icon page summarises more strictly that the icon must be visible when content is reshared or downloaded (page version 24 September 2026); the Code itself only asks for best efforts. Applying para. 115 to the label gives this allocation (interpretation of this guide):

Where the image appears

Does the overlay arrive?

Approach

Pages of your store

yes

Overlay is enough

Google Shopping and Merchant Center

no

Label setting per image or a copy with the label burned in, both allowed

Ads on Google, Meta, TikTok, Pinterest

no

Copy with the label burned in, or the platform’s label if it is visible on the image

Marketplaces such as Amazon, eBay, Kaufland, Zalando

no

The marketplace’s rule; text in the image is often not allowed (see below)

Newsletters

no

Copy with the label burned in

Your own social media posts

no

Copy with the label burned in, or the platform’s label if it is visible on the image

Downloads you offer yourself (retailers, press)

no

Copy with the label burned in

Downloads and screenshots by customers

no

In the interpretation of this guide, no separate version (para. 115); the Commission’s icon page takes a stricter view

A platform label can be enough: where a very large online platform provides a labelling tool that enables a clear and distinguishable disclosure, you can rely on it within that platform; your responsibility remains (para. 126). If the notice only sits in a menu, as with ads on Pinterest or under “About this ad” on Meta, it is not clear enough under para. 142.

## What do platforms allow in the image?

As retrieved from the platforms’ help and policy pages on 1 October 2026:

-   **Google**: since the policy update of 9 July 2026, your own AI labels in image creatives do not violate the prohibitions on text overlays and watermarks, according to the Merchant Center help also in listings. Alternatively, you mark an image in the Merchant Center under “Manage images” as created or edited with AI; in regions that require visible labels, Google then labels the content that uses the image, according to its help.
-   **TikTok**: your own caption, sticker or watermark is expressly accepted as a disclosure; for product images in TikTok Shop, TikTok advises avoiding watermarks and a lot of text.
-   **Meta and Pinterest**: no rule prohibiting a single AI label in the image was found.
-   **Amazon**: a lifestyle main image is only allowed without text; for the main image on white, the product image guide has no express rule. For photorealistic people fully generated by AI, Amazon requires a keyword in the file’s metadata.
-   **eBay and Kaufland**: no added text in the product image; Kaufland says it reads the metadata and labels images itself.
-   **Zalando**: no visible labels and no images that would need visible labelling.

Details per platform are in the guide [AI images on marketplaces and in ads](/en/guides/ai-images-marketplaces-ads/).

## How do you burn the label in properly?

1.  **Leave the original unchanged.** Do not burn the label into the file in your store but into a copy per channel. If an overlay runs in the store, a burned-in copy uploaded there would carry the label twice.
2.  **Choose the worded variant.** Outside the store there is no explanatory text next to the image, so use AI GENERATED or AI MODIFIED rather than the basic “AI” icon alone. In the user tests for the Code, the variants with a word performed significantly better (Annex 1).
3.  **A free spot with some distance from the edge.** The Code names the top right corner as an example. Google advises not to place the label in the very corners or edges, because cropping can cut it off, and to opt out of automatic image enhancements. Check the ad preview in every format.
4.  **Large and high-contrast enough.** Neither the Code nor the Commission sets a minimum size; choose the light or dark colour variant according to the image background.
5.  **Add an image description** where the channel allows one, so that screen readers read out the AI origin.

The free [AI Label Generator](/en/ai-label-generator/) places the official EU icon into a copy of your image in the browser, without uploading the image. You choose variant, colour variant, corner and size in the preview; the default is top right, with a distance of four per cent of the image width and height from the edge. Whether that is enough for every crop of a platform only shows in that platform’s preview. The copy keeps the IPTC data of the original; C2PA provenance evidence only applies to the unchanged file, so keep the original.

## How to proceed

1.  **List the channels** where your labelled images appear: store, feed, ads, marketplaces, newsletter, social media, your own downloads.
2.  **In the store**, show the overlay in every image location, with a text alternative.
3.  **For each channel outside**, use the platform’s route if the label becomes visible on the image, otherwise upload a copy with the label burned in where the platform allows it.
4.  **Where text in the image is not allowed**, use the marketplace’s labelling route or show a real photo instead of a deepfake.
5.  **Keep originals and copies apart** and record for each image which version runs in which channel.

Which icon fits which image and how to make it accessible is covered in the guide [The EU icons for AI images](/en/guides/eu-icons-ai-images/). For correct labels in practice, see these [AI generated label examples](/en/guides/ai-generated-label-examples/). The legal background is set out in [the labelling rules in Article 50](/en/guides/eu-ai-act-article-50/).

## Frequently asked questions

### Is an overlay in the store enough, or does the label have to go into the image file?

In the store, the overlay is enough. Article 50(5) of the AI Act requires a clear and distinguishable disclosure at the latest at the first exposure to the image, but no particular place; the Code of Practice names a user interface overlay that appears to be on the content for viewers as an equivalent alternative to an embedded icon (Sub-measure 1.2.1(c)). It has to be visible without a click or hover.

### Do I have to burn the label into images my customers download or screenshot?

In the interpretation of this guide, no. In the deepfake assessment, deployers are not expected to consider further dissemination by third parties beyond the reasonably foreseeable audience, taking into account the intended distribution channels (Commission guidelines, para. 115); applied to the label, customer downloads need no separate version. The Commission’s icon page summarises more strictly that the icon must be visible when content is reshared or downloaded. If you offer images for download yourself, for example to retailers or the press, the label belongs in those files.

### May I use a burned-in AI label in Google ads and the Merchant Center?

Yes. Since the policy update of 9 July 2026, your own AI labels do not violate Google’s prohibitions on text overlays and watermarks, according to the Merchant Center help also in listings (retrieved 1 October 2026). Google advises not to place the label in the very corners or edges, because it can be cut off when cropped, and to opt out of automatic image enhancements.

### Where am I not allowed to put a label into the image?

eBay prohibits added text, artwork and watermarks in photos, Kaufland text, logos and symbols in product images, and Zalando does not accept visible labels at all (retrieved 1 October 2026). On Amazon, a lifestyle main image is only allowed without text. There, the platform’s own labelling route, where one exists, or a real photo instead of a deepfake remain.

### Does the provenance marker in the file replace the visible label?

No. Under para. 117 of the Commission guidelines, deployers cannot rely on the provider’s machine-readable marking, because viewers do not perceive it. The marker helps platforms that read it; on the copies Shopify delivers, only 6 of 38 marked images still carried it on 30 September 2026.

## Sources

1.  Regulation (EU) 2024/1689 (AI Act), CELEX 32024R1689, Article 3(4) and (60), Article 50. [publications.europa.eu](http://publications.europa.eu/resource/celex/32024R1689) (accessed 1 October 2026)
2.  Regulation (EU) 2026/1744 (Digital Omnibus on AI), CELEX 32026R1744, Article 1 point 20 (Article 50(1) to (6) unchanged). [publications.europa.eu](http://publications.europa.eu/resource/celex/32026R1744) (accessed 1 October 2026)
3.  European Commission, Guidelines on the implementation of the transparency obligations under Article 50 (Annex to C(2026) 5054 final, 20 July 2026), paras. 12, 115, 117, 126, 142, 143. [ec.europa.eu](https://ec.europa.eu/newsroom/dae/redirection/document/131215) (accessed 1 October 2026)
4.  Code of Practice on Transparency of AI-generated Content (10 June 2026), Section 2, Sub-measures 1.2.1 and 1.2.2, Annex 1. [ec.europa.eu](https://ec.europa.eu/newsroom/dae/redirection/document/129555) (accessed 1 October 2026)
5.  European Commission, EU Icons for labelling AI-generated content (page version 24 September 2026). [digital-strategy.ec.europa.eu](https://digital-strategy.ec.europa.eu/en/policies/eu-icons-labelling-ai-generated-content) (accessed 1 October 2026)
6.  RTR, AI Service Desk (KI-Servicestelle), FAQ, questions on labelling deepfakes and on the minimum size of the symbol (German). [rtr.at](https://www.rtr.at/rtr/service/ki-servicestelle/faq/FAQ.de.html) (accessed 1 October 2026)
7.  Google Ads Help, Use AI content label settings and disclosures (answer/17140115). [support.google.com](https://support.google.com/google-ads/answer/17140115?hl=en) (accessed 1 October 2026)
8.  Google Merchant Center Help, Use AI content label settings and disclosures (answer/17231950). [support.google.com](https://support.google.com/merchants/answer/17231950?hl=en) (accessed 1 October 2026)
9.  Google Advertising Policies Help, Updates to AI labeling requirements (July 2026), published 9 July 2026. [support.google.com](https://support.google.com/adspolicy/answer/17257106?hl=en) (accessed 1 October 2026)
10.  eBay, picture policy (German). [ebay.de](https://www.ebay.de/help/policies/listing-policies/picture-policy?id=4370) (accessed 1 October 2026)
11.  Kaufland Global Marketplace, Seller University, product data guideline, section on product images (German). [kauflandglobalmarketplace.com](https://www.kauflandglobalmarketplace.com/seller-university/verkaufen/produktdaten/produkdaten-guideline/) (accessed 1 October 2026)
12.  Zalando Partner University, Zalando image guidelines, section “AI image content policy”. [partner.zalando.com](https://partner.zalando.com/university/article/zalando-image-guidelines) (accessed 1 October 2026)
13.  Amazon Seller Central, Product image guide (G1881), main image requirements and section “AI-generated people disclosure”. [sellercentral.amazon.de](https://sellercentral.amazon.de/help/hub/reference/external/G1881) (accessed 1 October 2026)
14.  TikTok Community Guidelines, Integrity and Authenticity, section AI-Generated Content (effective 24 September 2026). [tiktok.com](https://www.tiktok.com/community-guidelines/en/integrity-authenticity) (accessed 1 October 2026)

This article is general information, not legal advice. Whether an image needs a label is your decision; for your specific case, please ask a lawyer.

Read next

[08 · Practice AI generated label examples: how to label AI images correctly](/en/guides/ai-generated-label-examples/) [22 · Practice The EU icons for AI images: which variants exist and how to use them in your store](/en/guides/eu-icons-ai-images/)

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