# AI labelling: who enforces it, and which cases are known? As of October 2026 > Tracker, issue 1: which authority in each EU country supervises AI labelling under Art. 50 AI Act, and which cases on AI images are known. URL: https://easyaiactlabels.com/en/guides/ai-labelling-enforcement-october-2026/ [Guides](/en/guides/) /Obligation # AI labelling: who enforces it, and which cases are known? As of October 2026 Last updated: 1 October 2026 Responsible: Martin Jäger Created with AI 13 min read Short answer As of 30 September 2026, no publicly documented enforcement case on labelling AI images in online retail is known, either in the EU or in Switzerland. On 7 September 2026, the European Commission listed a single point of contact for market surveillance for 21 of 27 Member States, 12 of them with a national designation not yet final; in Germany, the Federal Network Agency (Bundesnetzagentur) has been responsible since 29 July 2026 (Section 2(1) KI-MIG). The tracker is published monthly and gives a source and a date for every entry. **Status of this issue: 30 September 2026.** Issue 1 of the tracker. It is published monthly; the next issue is planned for November 2026. Since 2 August 2026, Art. 50 of the EU AI Act (Regulation (EU) 2024/1689) has applied. For stores, para. 4 is the relevant one: deployers of an AI system that generates or manipulates image content constituting a deep fake must disclose that the content has been artificially generated or manipulated. That can be, for example, an AI product image that looks like a real photo. Which images are covered is explained in the guide on the [labelling obligation](/en/guides/ai-images-labelling-obligation/). This tracker records two other things, each with a source and a date: which authority supervises compliance in which country, and which enforcement cases on AI images are publicly known. For the full picture of the [EU AI Act labelling requirements](/en/guides/eu-ai-act-article-50/), see the guide on them. ## The status in three figures What Status Source Publicly known enforcement cases on labelling AI images in online retail (EU and Switzerland) 0 Search path below, as of 30 September 2026 EU Member States with a single point of contact for market surveillance on the Commission list 21 of 27, of which 12 with a designation not yet final Commission, as of 7 September 2026 EU Member States without an entry 6: Austria, Belgium, Bulgaria, Croatia, Hungary, Slovakia Commission, as of 7 September 2026 ## Who enforces the rule in Germany? Germany set up enforcement in the AI Market Surveillance and Innovation Promotion Act (KI-MIG, Art. 1 of the Act of 22 July 2026, BGBl. 2026 I No. 223). It has been in force since 29 July 2026, as confirmed by the footnote to the Act on gesetze-im-internet.de and by the Federal Network Agency’s press release of the same day. - **Section 2(1) KI-MIG**: the Federal Network Agency (Bundesnetzagentur) is the market surveillance authority for the AI Act “unless otherwise provided in this Act” (own translation). The special competences in Section 2(2) to (8) cover, among others, products under Annex I, financial institutions, public bodies of the federal states and media service providers; for the latter, Section 2(8) assigns supervision to the authorities of the federal states. For an online store that falls under none of these special competences, the Federal Network Agency remains responsible. - **Section 6 KI-MIG**: the Federal Network Agency is the single point of contact within the meaning of Art. 70(2) AI Act. - **Section 8 KI-MIG**: it is the central complaints body. According to its own information, any natural or legal person can complain, expressly including about transparency obligations, and the agency can also act on its own initiative. - **Section 17(1) KI-MIG**: the market surveillance authorities are the fining authorities for cases under Art. 99(3) to (5) AI Act. The separate national list of fines in Section 15 KI-MIG does not cover Art. 50. One discrepancy belongs in the record: on 7 September 2026, the Commission’s list still marks Germany as a designation not yet finally adopted. According to the text of the Act and the press release, the KI-MIG has been in force since 29 July 2026. No published proceedings by the Federal Network Agency on Art. 50 are known as of 30 September 2026. ## Who enforces the rule in the other EU Member States? Under Art. 70 AI Act, each Member State must designate at least one market surveillance authority and make one of them the single point of contact; the deadline was 2 August 2025. The Commission publishes the single points of contact in a list. The single point of contact is not necessarily the authority that supervises labelling under Art. 50 in a given country. The third column therefore shows what national law or an official draft says on this, where it was checked for this issue. Country Single point of contact according to the Commission (as of 7 September 2026) Competence for Art. 50 in national law (checked on 30 September 2026) Austria no entry no designation: according to the RTR FAQ there is “no national implementation of the competences” yet (own translation) Belgium no entry not documented Bulgaria no entry not documented Croatia no entry not documented Cyprus Commissioner of Communications, not yet final not checked separately Czech Republic Czech Telecommunication Office (Český telekomunikační úřad), not yet final not checked separately Denmark Agency for Digital Government (Digitaliseringsstyrelsen), final Act No. 467 of 14 May 2025, in force since 2 August 2025: does not assign Art. 50 to any authority Estonia Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet), not yet final not checked separately Finland Transport and Communications Agency (Traficom), final Traficom, expressly for Art. 50 (Section 5 of Act 1377/2025, in force since 1 January 2026); for high-risk systems the sectoral authority France Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), not yet final Government scheme of 9 September 2025: DGCCRF and Arcom for AI systems that generate synthetic content or deep fakes; according to the Government it takes effect only through an Act, and no adopted Act is documented Germany Federal Network Agency (Bundesnetzagentur), not yet final according to the list Federal Network Agency under Section 2(1) KI-MIG, in force since 29 July 2026 (general competence, special cases in Section 2(2) to (8)) Greece Hellenic Data Protection Authority, final not checked separately Hungary no entry not documented Ireland AI Office of Ireland, final Coimisiún na Meán, according to its own information (S.I. No. 405/2026), for Art. 50 for certain categories of providers such as intermediary, hosting and audiovisual media services; not documented for other deployers such as online stores Italy National Cybersecurity Agency (Agenzia per la cybersicurezza nazionale, ACN), final ACN as market surveillance authority under Art. 20 of Law No. 132/2025 (general, no specific rule on Art. 50) Latvia Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs), final not checked separately Lithuania Communications Regulatory Authority (Ryšių reguliavimo tarnyba), final not checked separately Luxembourg National Commission for Data Protection (CNPD), not yet final not checked separately Malta Malta Digital Innovation Authority (MDIA), final not checked separately Netherlands Dutch Authority for Digital Infrastructure (Rijksinspectie Digitale Infrastructuur, RDI), not yet final consultation draft (consultation 20 April to 1 June 2026): Chapter IV of the AI Act, i.e. Art. 50, with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) and the Dutch Authority for the Financial Markets (AFM), limited to categories still to be defined; no Act yet Poland Commission for the Development and Security of Artificial Intelligence (KRiBSI), final KRiBSI as market surveillance authority under Art. 5 of the Act of 3 July 2026 (Dz.U. 2026 item 1003, general); inspections, proceedings and the rules on fines apply only three months after promulgation on 27 July 2026 (Art. 127) Portugal National Regulatory Authority for Communications (ANACOM), not yet final not checked separately Romania National Authority for Management and Regulation in Communications (ANCOM), not yet final not checked separately Slovakia no entry not documented Slovenia Agency for Communication Networks and Services (AKOS), not yet final not checked separately Spain Spanish Artificial Intelligence Surveillance Agency (AESIA), not yet final draft law of 12 June 2026 (BOCG): AESIA also for Art. 50 (Art. 5); a deployer’s breach of Art. 50(4) classed as a serious infringement (Art. 21); adoption not documented Sweden Swedish Post and Telecom Authority (Post- och telestyrelsen), not yet final not checked separately “Not documented” means that no official source for a designation could be found for this issue. This issue does not cover the EEA countries outside the EU (Iceland, Liechtenstein, Norway). ## Austria and Switzerland **Austria** has no entry on the Commission’s list. The AI Service Centre of the Austrian regulator RTR states in its FAQ (accessed 30 September 2026, own translation): “At present there is no national implementation of the competences under the AI Act in Austria. This concerns both the market surveillance authorities and the notifying authority.” The obligation under Art. 50 still applies directly in Austria, because the AI Act, as an EU regulation, needs no transposition. Austria has its own unfair competition law; in its notice of 4 February 2026 on the Wettbewerbszentrale guide, the Austrian Protection Association Against Unfair Competition (Schutzverband gegen unlauteren Wettbewerb) wrote that photorealistic advertising images and videos will have to be labelled as AI-generated. The German assessment in the section “What else applies in Germany?” cannot be transferred to Austria. **Switzerland** is not an EU Member State, and the AI Act is not Swiss law. For a deployer established outside the EU, it applies under Art. 2(1)(c) AI Act where the output of the AI system is used in the Union. The Commission guidelines, in para. 13, consider this to be the case where the deployer itself foresees dissemination and use in the Union, for example by directing or authorising distribution there, and they include posting deep fakes on the globally accessible internet. Content that reaches people in the Union through unforeseeable channels outside the deployer’s control is not covered. On Swiss law itself, the legal baseline analysis of the Swiss Federal Office of Justice (31 August 2024, p. 44) states (own translation): “With regard to the labelling of AI-generated content, Swiss law in principle contains no labelling obligation.” On 12 February 2025, the Federal Council instructed the Federal Department of Justice and Police to prepare a consultation draft by the end of 2026, covering transparency among other areas. No opened consultation was found for this issue. ## Which cases are known? Counted are cases published by an authority, a court, an association or a self-regulatory body, and documented warning letters (Abmahnungen) with a verifiable source. Forecasts, guides and invented example cases are not counted. What Status 30 September 2026 Administrative proceedings or fine over a missing label on an AI image (EU, Switzerland) none known Court decision on labelling AI images none known Published warning letter or association notice on AI images in online retail none known Published AI proceedings unrelated to image labelling two by the Wettbewerbszentrale: a lawsuit before the Munich Regional Court I (Landgericht München I) over a public broadcaster’s AI chatbot under the Interstate Media Treaty (notice of 6 August 2026); a default judgment of the Augsburg Regional Court of 8 January 2026 against advertising for an AI lead generation system that contacted people without consent (notice of 3 February 2026) The result of this issue is therefore: **0 known cases on AI images in online retail, as of 30 September 2026.** The complaints infrastructure is in place, however: the complaints body of the Federal Network Agency and, since 28 July 2026, the AI complaints desk of the Wettbewerbszentrale, which expressly names deep fake labelling. Neither publishes case numbers. ## Search path of this issue All sources accessed on 30 September 2026 unless stated otherwise: - **European Commission list** of single points of contact for market surveillance (as of 7 September 2026). - **National laws and drafts**: KI-MIG (Germany), Act 1377/2025 (Finland), Act No. 467/2025 (Denmark), Act of 3 July 2026 (Poland), Law No. 132/2025 Art. 20 (Italy), draft law of 12 June 2026 (Spain), consultation draft (Netherlands), Government scheme (France), information from Coimisiún na Meán (Ireland), RTR FAQ (Austria), web page and legal baseline analysis of the Federal Office of Justice (Switzerland). - **Germany**: press releases and complaints body of the Federal Network Agency; all notices of the Wettbewerbszentrale from 2 July to its latest notice of 24 September 2026, plus its AI complaints desk; the case-law database openJur with the search terms „KI-generiert“ and Kennzeichnung (4 results, none on image labelling) and „Verordnung (EU) 2024/1689“, „KI-VO“ and „Deepfake Werbung“ (no results). - **Austria and Switzerland**: notices of the Austrian Protection Association Against Unfair Competition; latest published decisions of the Swiss Commission for Fairness in Advertising (Schweizerische Lauterkeitskommission). - **Other bodies**: websites of the competition authorities in Italy (AGCM) and the Netherlands (ACM) and of the Spanish AESIA; web search in German and English for warning letters, rulings and fines on AI images. - **Not reachable or not searched**: the website of the French DGCCRF returned HTTP 403. Paid case-law databases were not searched, and the German Advertising Standards Council (Deutscher Werberat) only via web search. Warning letters are often not published. “0 known cases” therefore means: not publicly findable, not: none exist. What to do when one arrives is covered in [Warning letter over an unlabelled AI image: what now?](/en/guides/warning-letter-ai-image-labelling/). ## What fine range applies? For context, not as a forecast: the upper limits are set in Art. 99 AI Act, and the Member States lay down the detailed rules on penalties. - **Art. 99(4)(g)**: breaches of the transparency obligations under Art. 50 are subject to fines of up to EUR 15 million or, for undertakings, up to 3% of total worldwide annual turnover for the preceding financial year, whichever is higher. - **Art. 99(6)**: for SMEs including start-ups, the lower of the two amounts applies. - **Art. 99(6a)**, inserted by Regulation (EU) 2026/1744 (Art. 1 No. 38): the lower amount also applies to small mid-cap enterprises. - **Art. 99(1)** as amended by the same Regulation: penalties and enforcement measures may include fines, warnings and non-monetary measures; when imposing them, Member States take into account the interests of SMEs, start-ups and small mid-cap enterprises and their economic viability. - **Art. 99(7)**: whether a fine is imposed, and at what level, depends on all circumstances of the individual case, including the nature, gravity and duration of the infringement, the size of the undertaking, the degree of cooperation with the authority and the technical and organisational measures the undertaking has taken. In Germany, the market surveillance authority imposes fines under Art. 99(3) to (5) (Section 17(1) KI-MIG). ## What else applies in Germany? Besides the authority, competitors and associations in Germany can act under the Act Against Unfair Competition (UWG). The Centre for Protection against Unfair Competition (Wettbewerbszentrale) writes in its guide on AI labelling (as of 29 July 2026) that, in its view, breaches of the AI Act can also amount to unfair competition, so that competitors and associations can bring cease-and-desist claims. The hook is Section 5a UWG (withholding material information); whether Art. 50 is also a market conduct rule under Section 3a UWG has not yet been decided by any court. How these routes relate to each other and what you should document is explained in the guide [Who enforces the EU AI image labelling rule in your store?](/en/guides/enforcement-and-violations/). For your store, the status of this issue does not change the obligation itself: it has applied since 2 August 2026, regardless of whether any cases are known yet. ## How is this tracker updated? The tracker is published monthly as a new issue with its own status date. Each issue rechecks the Commission’s list, the national laws and the search path, and states what has changed since the previous issue. A case is included if it comes from a primary source (authority, court, association, self-regulatory body) or is documented with a verifiable source; second-hand reports are marked as such. This is issue 1, so there are no changes from a previous issue yet. The next issue is planned for November 2026. ## Frequently asked questions ### Have there been fines, court rulings or warning letters over missing labels on AI images yet? None is known as of 30 September 2026, either in the EU or in Switzerland. The search covered, among others, the notices of the Wettbewerbszentrale (up to its latest notice of 24 September 2026), the press releases of the German Federal Network Agency, the notices of the Austrian Protection Association Against Unfair Competition, the decisions of the Swiss Commission for Fairness in Advertising and the free German case-law database openJur. Warning letters are often not published, so “none known” does not mean that none exist. ### Which authority enforces AI labelling in Germany? The Federal Network Agency (Bundesnetzagentur). Under Section 2(1) of the German KI-MIG it is the market surveillance authority for the AI Act unless the Act provides otherwise; under Section 6 it is the single point of contact and under Section 8 the central complaints body. The Act has been in force since 29 July 2026. For media service providers, Section 2(8) KI-MIG assigns supervision to the authorities of the German federal states. ### Has every EU Member State designated an authority yet? No. The European Commission's list (as of 7 September 2026) names a single point of contact for market surveillance for 21 of 27 Member States; for 12 of them the national designation is not yet final. Austria, Belgium, Bulgaria, Croatia, Hungary and Slovakia have no entry. The deadline was 2 August 2025 (Art. 70(2) AI Act). ### Does the labelling obligation apply to a store based in Switzerland? The AI Act is EU law. For a deployer established outside the EU, it applies under Art. 2(1)(c) AI Act where the output of the AI system is used in the Union; the Commission guidelines (para. 13) see this, for example, where the deployer foresees dissemination in the Union. According to the legal baseline analysis of the Swiss Federal Office of Justice, Swiss law in principle contains no labelling obligation; a consultation draft for new AI rules has been announced for the end of 2026. ### What is the fine range for breaches of Art. 50? Art. 99(4)(g) AI Act: up to EUR 15 million or up to 3% of worldwide annual turnover, whichever is higher. Under para. 6, SMEs including start-ups face the lower of the two amounts, and since the amendment by Regulation (EU) 2026/1744 so do small mid-cap enterprises (para. 6a). Which measure applies in a given case depends on the criteria in para. 7; under para. 1, warnings and non-monetary measures are expressly possible. ### How often is this tracker updated? Monthly, each time as a new issue with its own status date. This is issue 1, with research status 30 September 2026; the next issue is planned for November 2026. Only cases published by an authority, a court or an association, or documented with a verifiable source, are counted. ## Sources 1. Regulation (EU) 2024/1689 (AI Act), Art. 2, 50, 70, 99, CELEX 32024R1689, Cellar resolver (consolidated version 02024R1689 not available on 30 September 2026, HTTP 404). [publications.europa.eu](http://publications.europa.eu/resource/celex/32024R1689) (accessed 30 September 2026) 2. Regulation (EU) 2026/1744 (Digital Omnibus on AI), Art. 1 No. 29, 38 and 39, CELEX 32026R1744, Cellar resolver. [publications.europa.eu](http://publications.europa.eu/resource/celex/32026R1744) (accessed 30 September 2026) 3. European Commission, Market surveillance authorities under the AI Act (list of single points of contact, last update 7 September 2026). [digital-strategy.ec.europa.eu](https://digital-strategy.ec.europa.eu/en/policies/market-surveillance-authorities-under-ai-act) (accessed 30 September 2026) 4. 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Ireland, Coimisiún na Meán: EU Artificial Intelligence Act (designation under S.I. No. 405/2026). [cnam.ie](https://www.cnam.ie/industry-and-professionals/codes-legislation/legislation/eu-artificial-intelligence-act/) (accessed 30 September 2026) 25. openJur, German case-law search („KI-generiert“ Kennzeichnung). [openjur.de](https://openjur.de/suche/) (accessed 30 September 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 [31 · Obligation Who enforces the EU AI image labelling rule in your store?](/en/guides/enforcement-and-violations/) [32 · Obligation Warning letter over an unlabelled AI image: what now?](/en/guides/warning-letter-ai-image-labelling/) I find the AI evidence. You decide with one click. [View on the Shopify App Store](https://apps.shopify.com/easy-ai-act-image-labels?utm_source=easyaiactlabels&utm_medium=website&utm_content=artikel)