# The EU Code of Practice on AI labelling: what Section 2 means for your store

> The EU Code of Practice on AI labelling is voluntary. What Section 2 asks of your store, what signing brings and how to check yourself against it.

URL: https://easyaiactlabels.com/en/guides/code-of-practice-ai-labelling/

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

# The EU Code of Practice on AI labelling: what Section 2 means for your store

Last updated: 2 October 2026 Responsible: Martin Jäger Created with AI 10 min read

Short answer

The Code of Practice on Transparency of AI-Generated Content of 10 June 2026 is voluntary and binds only those who sign it; your duty of visible disclosure under Article 50(4) of the EU AI Act applies either way. Its Section 2 describes for deployers how an AI label is designed and placed and which internal processes go with it; the European Commission assessed it as adequate on 8 July 2026. If you do not sign, the Commission’s guidelines expect you to demonstrate by other means how you meet the obligation, for instance by comparing your measures with the code (para. 148).

Since 2 August 2026, as a deployer you have to disclose when an image in your store is an AI-generated or AI-manipulated deepfake (Article 50(4) of the EU AI Act, Regulation (EU) 2024/1689). The regulation does not say what the label has to look like. The most detailed answer comes from the Code of Practice on Transparency of AI-Generated Content, more precisely its Section 2. This guide explains what signing brings, what applies without signing and how to check your store against Section 2; interpretations of this guide are marked as such. For the full picture, see [Article 50 of the EU AI Act](/en/guides/eu-ai-act-article-50/).

## What is the Code of Practice?

The Code of Practice on Transparency of AI-Generated Content was published on 10 June 2026. Section 1 is addressed to providers of AI systems and covers machine-readable marking under Article 50(2). Section 2 is addressed to deployers and covers visible labelling under Article 50(4) and (5), and only for deepfakes within the meaning of Article 3(60) and for text published with the purpose of informing the public on matters of public interest. For your store, Section 2 is the relevant one.

The European Commission assessed the code in its Opinion C(2026) 4839 of 8 July 2026: Section 2 adequately facilitates the effective implementation of Article 50(4) and (5), and deployers may rely on its commitments to demonstrate compliance (para. 40). Adherence, however, is not conclusive evidence that the obligations are met (para. 52; likewise Code Section 2, objective a). The procedure is now governed by Article 50(7) as amended by the Digital Omnibus (Regulation (EU) 2026/1744, Article 1 point 20): the Commission assesses whether adherence to such codes of practice is adequate and may otherwise lay down common rules by implementing act. According to para. 5 of the Opinion, its assessment remains valid after that change as long as it is consistent with the AI Board’s.

## Do you have to sign the code?

No. In its questions and answers on signing, the Commission writes that signing is voluntary, that not signing does not constitute non-compliance with the AI Act, and that enforcement consequences relate only to non-compliance with Article 50 itself (page version 29 July 2026). The code binds only signatories. Recital 41 of the Digital Omnibus adds that such codes of practice “have limited legal effect, and in particular do not grant a presumption of conformity”. Whether an image needs a label is your decision as the deployer, with or without a signature.

## What does signing bring, and what does it require?

According to the Commission’s guidelines C(2026) 5054 final of 20 July 2026, adhering to a code assessed as adequate is a straightforward and predictable way of demonstrating compliance. For signatories, the Commission and the market surveillance authorities will focus on whether they have adhered to the code and implemented its measures; signatories who opt out of a section lose that benefit for it (para. 147). Authorities may take commitments implemented in line with the code into account as a mitigating factor when fixing the amount of a fine, depending on the circumstances (para. 149, referring to Article 99(7)(e) of the AI Act).

In return, you commit to implementing every measure the code phrases with “will”; measures phrased with “encouraged” and “may” are voluntary. You can only leave out whole sections, not individual commitments. Section 2 has four:

-   **Commitment 1, disclosure**: the EU icon or an equivalent icon or label following the design and placement specifications (Measures 1.1 and 1.2); joining a task force is only encouraged (Measure 1.3).
-   **Commitment 2, internal processes**: documentation of how you label, and where AI is used regularly a process against missing or wrong labels (Measure 2.1), awareness among staff and contractors (2.2), review of substantiated reports and cooperation with authorities (2.3), each in proportion to the size of the company.
-   **Commitment 3, artistic works**: disclosure that does not hamper the work.
-   **Commitment 4, text**: if you rely on the human review exception for text on matters of public interest, you need internal policies and a publicly named person or function with editorial responsibility.

According to the Commission, any deployer of a generative AI system subject to Article 50(4) may sign. The form applies only to the version of 10 June 2026; neither the form nor the instructions mention a fee. On 1 October 2026, the list of signatories showed 192 entries for Section 2 (page version 24 September 2026).

## What does Section 2 require on the image?

Design is set out in Measure 1.1: the main element is the capitalised acronym “AI” in English, unless national language law rules out English; the letters have the same height and keep their proportions when resized (point a). A supplement such as “generated” or “modified” is encouraged (point b). Size, contrast, colour and typography may vary as long as the label stays clear, accessible and distinguishable (point c); for accessibility, the code names high contrast and screen-reader compatibility, among other things.

Placement is set out in Measure 1.2: the label is recognisable immediately without a click or hover, visible long enough, embedded in the content or shown as an equivalent overlay that appears to viewers to be on the image, and perceivable at the latest at first exposure, with spacing to other overlay elements (Sub-measure 1.2.1 points a to d). It sits where no intervening overlay elements exist, “e.g., in the top right corner” (Sub-measure 1.2.2 point a). Videos carry the label at the beginning, at a minimum after interruptions and, where possible, at regular intervals (point b). For further distribution via platforms and retail, the code only asks for best efforts.

The EU icons AI GENERATED and AI MODIFIED are optional; an equivalent label of your own is provided for. Which variant fits is covered in the guide [The EU icons for AI images](/en/guides/eu-icons-ai-images/).

## What applies if you do not sign?

Then, under para. 148 of the guidelines, you are expected to demonstrate through other adequate means how you meet Article 50(4) and (5), and to explain why your measures are sufficient. As an example, the guidelines name a gap analysis that compares your measures with those of a code assessed as adequate. Since authorities know less about non-signatories, they will likely need more detailed information; deployers may also receive requests for information about their labelling practices.

Neither the guidelines nor the code prescribe a particular format. In this guide’s reading, a short, dated list that goes through Section 2 point by point is enough for a store.

## What does a gap analysis look like for a store?

The table is an interpretation of this guide.

Code Section 2

Question for your store

What you record

Scope (introduction to the commitments)

Which AI images could be taken for real photos?

List of AI images with tool, date and classification as deepfake or not

Measure 1.1 points a and b

Does every affected image carry “AI”, ideally with GENERATED or MODIFIED?

Chosen icon or label, variant per image

Measure 1.1 point c, accessibility

Is the label high-contrast and readable by screen readers?

Text alternative on the label or in the alt text

Sub-measure 1.2.1 points a, b, d

Is the label visible without a click at first view, on product, collection and home pages and on mobile?

Dated screenshots per image location

Sub-measure 1.2.1 point c, 1.2.2 point a

Is the label embedded or an overlay in a free spot, with no sale badge on top?

Placement, spacing to other overlays

Sub-measure 1.2.1, paragraph after point d

What happens to the image in ads, feeds and on marketplaces?

Version with burned-in label per channel

Sub-measure 1.2.2 point b

Do you show AI videos?

Label at the beginning and after interruptions

Measure 2.1

Is it written down how you label, and is it checked where AI is used regularly?

Short description with examples; check, for instance, after every theme change

Measure 2.2

Do your team, agency and photo studio know the rule?

Briefing with date

Measure 2.3

How do you handle reports of missing labels?

Contact channel, review note, correction with date

Commitment 3

Do you show evidently artistic works?

In a store usually “not applicable”

Commitment 4

Do you publish AI texts on matters of public interest?

Usually “not applicable”, see [AI texts and AI chatbots](/en/guides/ai-texts-chatbots-labelling/)

Two points are not in the code but help if you are asked: the original files as they came out of the tool, and the creation date. Under para. 154 of the guidelines, deepfakes generated before 2 August 2026 do not need to be labelled retroactively; the AI Service Desk at RTR in Austria takes a stricter view. You cannot rely on a provenance marker in the file for the disclosure (para. 117), but it helps with classification.

The free [AI Act check](/en/ai-act-check/) covers the core of this list in seven questions, from the kind of AI images you show to a label that screen readers can read. It shows your status based on your own answers, with the next step for each item, and saves it as a PDF; it is a self-assessment, not a check by anyone else. You add the points from Commitment 2 yourself. For the label in the store there are apps: Easy AI Act Image Labels, for example, reads provenance markers on the original, suggests a label for images with a marker and shows the EU icon as an overlay once you accept it. Whether an image needs a label remains your decision.

## What applies in Austria and Switzerland?

**Austria**: The AI Act applies directly, so Section 2 is the same yardstick there. The Commission regards the code as an EU-wide recognised instrument, regardless of place of establishment and competent authority (Opinion para. 52). As of 30 September 2026, Austria had not designated a market surveillance authority for the AI Act. In its FAQ, the AI Service Desk at RTR calls the code a voluntary instrument; anyone choosing other measures must be able to show in the individual case that they meet the requirements of Article 50 in the same way (accessed 1 October 2026). More in the guide [Labelling AI images in Austria](/en/guides/ai-images-labelling-austria/).

**Switzerland**: The AI Act does not apply there directly. A Swiss store is only covered if the output of the AI system is used in the EU (Article 2(1)(c) of the AI Act), for instance because it intends its images to be distributed in the EU itself (guidelines para. 13). Only then is Section 2 a yardstick for it, and only then does signing come into consideration. According to the Federal Council’s baseline analysis, Swiss law in principle contains no labelling obligation for AI content. More in the guide [Labelling AI images as a Swiss shop](/en/guides/ai-images-labelling-switzerland/).

Who enforces the rule in Germany and what you should document is covered in the guide [Who enforces the EU AI image labelling rule in your store?](/en/guides/enforcement-and-violations/)

All information as of 1 October 2026.

## Frequently asked questions

### Do the EU icons make me a signatory of the code?

No. The Commission states on its icon page that use of the icons by non-signatories should not be construed as signalling adherence to the code. The icons are optional, the obligation under Article 50 of the AI Act is not, and the icons alone do not establish that a label is sufficient. You only become a signatory by signing the form and sending it to the AI Office.

### Where and how do I sign Section 2?

The Commission provides a form (DOCX, document/129548). A store ticks “a deployer of a generative AI system(s)” and Section 2; it should be signed by someone with authority to bind the company, such as a senior executive. The form goes by email to CNECT-AIOFFICE-CODE-OF-PRACTICE-TRANSPARENCY@ec.europa.eu. It applies only to the version of 10 June 2026 and can be withdrawn in writing; according to the Commission, signing is also possible after 27 July 2026.

### May I advertise with the code?

Only with what is true: that you have signed Section 2, and only once you appear on the Commission’s list, with the date. Signing does not support a claim that the code or the Commission confirms your store, because adherence is not conclusive evidence that you meet the obligations (Code Section 2, objective a; Opinion C(2026) 4839, para. 52). What makes sense is a page that explains your labels and what they mean; the code expressly encourages signatories to publish this (Measure 2.1).

### Do I need a gap analysis as a small store?

The guidelines name it as an example of how non-signatories can demonstrate that they meet the obligation (para. 148) and set no size threshold. No particular format is prescribed. In this guide’s reading, a short dated list along Section 2, like the table in this guide, is enough for a store; the code itself asks for internal processes only in proportion to the size of the company (Commitment 2).

### Does signing change my obligation?

No. The obligation under Article 50(4) of the AI Act stays the same, and you still decide whether an image is a deepfake. According to the Commission, the code imposes no obligations beyond the AI Act. As a signatory, however, you commit to implementing all measures that Section 2 phrases as binding, including the internal processes of Commitment 2.

## Sources

1.  Code of Practice on Transparency of AI-Generated Content, version of 10 June 2026, Section 2 (objectives, Commitments 1 to 4, Annex 1). [ec.europa.eu](https://ec.europa.eu/newsroom/dae/redirection/document/129555) (accessed 1 October 2026)
2.  European Commission, Commission Opinion C(2026) 4839 final of 8 July 2026 on the assessment of the code, paras. 1, 5, 13, 40, 52. [ec.europa.eu](https://ec.europa.eu/newsroom/dae/redirection/document/130913) (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. 13, 117, 118, 146 to 149, 154. [ec.europa.eu](https://ec.europa.eu/newsroom/dae/redirection/document/131215) (accessed 1 October 2026)
4.  Regulation (EU) 2024/1689 (AI Act), CELEX 32024R1689, Article 2(1), Article 3(4) and (60), Article 50, Article 99(7). [publications.europa.eu](http://publications.europa.eu/resource/celex/32024R1689) (accessed 1 October 2026)
5.  Regulation (EU) 2026/1744 (Digital Omnibus on AI), CELEX 32026R1744, recital 41, Article 1 point 20 (new Article 50(7)) and point 38 (Article 99). [publications.europa.eu](http://publications.europa.eu/resource/celex/32026R1744) (accessed 1 October 2026)
6.  European Commission, Signatory Form for the code (DOCX). [ec.europa.eu](https://ec.europa.eu/newsroom/dae/redirection/document/129548) (accessed 1 October 2026)
7.  European Commission, How to sign the Code of Practice on transparency of AI-generated content (page version 31 July 2026). [digital-strategy.ec.europa.eu](https://digital-strategy.ec.europa.eu/en/library/how-sign-code-practice-transparency-ai-generated-content) (accessed 1 October 2026)
8.  European Commission, Questions and answers: Signing the Code of Practice on Transparency of AI-generated Content (page version 29 July 2026). [digital-strategy.ec.europa.eu](https://digital-strategy.ec.europa.eu/en/faqs/signing-code-practice-transparency-ai-generated-content) (accessed 1 October 2026)
9.  European Commission, Questions and answers: Code of Practice on Transparency of AI-Generated Content (page version 10 June 2026). [digital-strategy.ec.europa.eu](https://digital-strategy.ec.europa.eu/en/faqs/code-practice-transparency-ai-generated-content) (accessed 1 October 2026)
10.  European Commission, Strong backing for the Code of Practice, list of signatories (page version 24 September 2026). [digital-strategy.ec.europa.eu](https://digital-strategy.ec.europa.eu/en/news/strong-backing-code-practice-transparency-ai-generated-content) (accessed 1 October 2026)
11.  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)
12.  RTR, AI Service Desk (KI-Servicestelle), FAQ, questions on the EU Code of Practice and on national implementation (German). [rtr.at](https://www.rtr.at/rtr/service/ki-servicestelle/faq/FAQ.de.html) (accessed 1 October 2026)
13.  Swiss Federal Office of Justice (on the OFCOM/BAKOM website), legal baseline analysis on approaches to regulating artificial intelligence (submitted to the Federal Council on 12 February 2025), p. 44 (German). [bakom.admin.ch](https://www.bakom.admin.ch/dam/de/sd-web/4HwAbRI-HeC1/analyse_juritisch.pdf) (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.

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