# Who enforces the EU AI image labeling rule in your store? · Easy AI Act Image Labels

> Market surveillance authority or warning letter: who enforces the EU AI image labeling rule for stores, which cases are known, and what to document.

URL: https://easyaiactlabels.com/en/guides/enforcement-and-violations/

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

# Who enforces the EU AI image labeling rule in your store?

Last updated: 16 September 2026 Responsible: Martin Jäger 8 min read

Short answer

In Germany, the market surveillance authority for the AI Act is the Federal Network Agency (Bundesnetzagentur, Section 2 KI-MIG), but the practical risk is a warning letter (Abmahnung) from a competitor or an association under unfair competition law; the Centre for Protection against Unfair Competition (Wettbewerbszentrale) has operated an online form for AI complaints since July 28, 2026. As of September 14, 2026, no documented warning letter and no court ruling on AI image labeling is known, only a lawsuit over a chatbot. If you record the decision per image, the marker found on the original file, and the visibility of the label, you can later show how you meet the obligation.

Since August 2, 2026, Art. 50(4) of the EU AI Act (Regulation (EU) 2024/1689) applies to stores that show AI images that look like real photos. The next question: who checks, and what happens when a label is missing? The short answer for Germany, as of September 14, 2026: the competent authority is the Federal Network Agency (Bundesnetzagentur), the practical risk is a warning letter (Abmahnung) from a competitor or an association, and no documented case on product images exists so far. That is neither cause for alarm nor an all-clear.

## Who enforces the labeling obligation in Germany?

Germany set up enforcement in the AI Market Surveillance and Innovation Promotion Act (KI-MIG, signed July 22, 2026, BGBl. 2026 I No. 223). Under Section 2(1) KI-MIG, the **Federal Network Agency (Bundesnetzagentur)** is the market surveillance authority for the AI Act; under Section 8 KI-MIG it is also the central complaints body for competitors and consumers.

The fine ranges are set in Art. 99(3) to (5) AI Act; Section 17(1) KI-MIG makes the market surveillance authority the fining authority. Two points:

-   For SMEs and start-ups, Art. 99(6) AI Act applies the lower of the two amounts in the range.
-   The Digital Omnibus Regulation (EU) 2026/1744, in force since July 27, 2026, added to Art. 99(1): warnings and non-monetary measures sit explicitly alongside fines, and Member States must consider the economic survival of SMEs.

The Federal Network Agency supervises the store’s **deployer obligation** under Art. 50(4) (visible disclosure). The machine-readable marking under Art. 50(2) is owed by the **providers** of the image generators, not by the store; providers of systems on the market before August 2, 2026 have until December 2, 2026 (Art. 111(4) AI Act as amended by Regulation (EU) 2026/1744). Deployers have no such transition period.

## Why is a warning letter the more realistic risk than a fine?

Art. 50(6) AI Act leaves other transparency obligations unaffected. In Germany, that opens the route through the Act Against Unfair Competition (UWG), where competitors and associations, not authorities, drive enforcement. Two independent hooks:

Hook

Provision

What is examined

Missing label

Section 5a UWG (withholding material information); whether Art. 50 is also a market conduct rule under Section 3a UWG has not been decided by any court (as of September 1, 2026)

Should the customer have been told that the image is AI-generated?

Misleading image content

Section 5 UWG (misleading statements about material characteristics)

Does the image show the product differently from what is delivered?

The second hook predates the AI Act: an AI image that shows a product differently from what is delivered (color, details, features that do not exist) is misleading, with or without a label. A label does not cure a misleading image, and a lawful image can still need a label under Art. 50.

The Centre for Protection against Unfair Competition (Wettbewerbszentrale) writes in its AI labeling guide (version 2, July 29, 2026, accessed August 31, 2026) that AI Act violations can, in its view, also constitute unfair competition, so competitors and associations can bring cease-and-desist claims. It reads the rule broadly: an abstract resemblance is enough if the image as a whole looks realistic, and it recommends labeling AI images when in doubt until the courts settle the question.

Collective enforcement is open: Art. 110 AI Act adds the regulation to the annex of the Representative Actions Directive (EU) 2020/1828, so injunctive actions by qualified entities are possible; redress actions remain untested.

## Can a competitor report me without sending a warning letter?

Yes. On July 28, 2026, the Wettbewerbszentrale set up an online form for AI complaints. The form lists three subject categories, including “insufficient labeling of AI content/deepfakes”; the other two cover misleading statements by an AI and advertising with AI features that do not exist. A competitor can thus report a store at no cost, without sending a warning letter of its own. The Wettbewerbszentrale publishes no case numbers.

## Which cases are known so far?

lakör’s review of the Wettbewerbszentrale news page and public sources, as of September 14, 2026:

What

Status

Documented warning letter for a missing AI image label

none known

Court decision on AI image labeling

none known in Germany (as of September 14, 2026) or in Austria and Switzerland (as of September 1, 2026)

Published Wettbewerbszentrale notices on AI lawsuits since July 2026

one: notice of August 6, 2026 on a lawsuit before the Munich Regional Court I (Landgericht München I) over a public broadcaster’s AI chatbot (Interstate Media Treaty, not image labeling)

Administrative proceedings by the Federal Network Agency on Art. 50

none known

Claims of existing rulings or a wave of warning letters over AI product images have no verifiable source. Yet the complaints channel has existed since late July 2026, and one of the bodies that sends warning letters in Germany reads the rule broadly: the risk is real but has not materialized yet.

For [images created before August 2, 2026](/en/guides/images-uploaded-before-august-2026/), the legal text has no grandfathering clause. The European Commission’s FAQ says content created before the cutoff date need not be labeled retroactively but expressly recommends that deployers label it. The German law firm IT-Recht Kanzlei reads it the same way (article of July 31, 2026): no retroactive labeling for older images, unless re-published. That is an authority position and a law firm opinion, not a legal provision; if you rely on it, be able to show when an image was created.

## What should you document as a merchant?

Para. 148 of the Commission guidelines C(2026) 5054 final of July 20, 2026 says that deployers who have not signed the code of practice must demonstrate to the market surveillance authorities how their measures implement Art. 50. Three layers of documentation:

**1\. Decisions per image or image group**

-   Which images are AI-generated or AI-edited, with which tool, and when?
-   Which [case group](/en/guides/which-images-need-a-label/) the image falls into (fully generated product image, AI person, lifestyle scene, real photo on an AI background, plain standard editing).
-   How and why you decided; for borderline cases, a short sentence recording the reasoning helps.
-   With agencies: the contract should state whether AI may be used, which images are AI-generated, and who applies the label. Under para. 14 of the guidelines, the deployer is whoever decides whether and how AI is used, not whoever types the prompt.

**2\. Evidence on the original file**

Many generators write a provenance marker into the file on save (C2PA/Content Credentials, IPTC DigitalSourceType). A marker found is [evidence](/en/guides/evidence-or-hint/) of AI origin; a missing marker is evidence of nothing. In lakör’s measurement series of September 1, 2026 covering 47 image models from one generator catalog, 13 wrote no marker, and screenshots or right-click saving strip every marker. Check the original file: in a lakör measurement of September 10, 2026, copies served by the Shopify CDN carried no marker for 3 of 3 positive controls although the originals had one; the original remains available under Content > Files in the Shopify admin.

**3\. Visibility of the label**

Art. 50(5) AI Act requires clear and distinguishable information, at the latest at first exposure. Paras. 142 and 143 of the guidelines specify: per image, to every viewer, and not where it is easily overlooked (expressly named: deep menu levels and terms of use; a footer is ruled out by the same logic). Under para. 117, deployers may not rely on the provider’s metadata, which is not visible to humans. For your documentation:

-   A dated record that the label is visible on the image, for example a product page screenshot.
-   A fresh check after every theme change, because theme app embeds are turned on per theme.
-   The alt text as a supplement for assistive technologies, not as a replacement for the visible label.

An app such as Easy AI Act Image Labels reads provenance markers on the original file and records your decisions per image. It cannot tell you whether an image without a marker is an AI image; only your own knowledge of what you created with AI closes that gap.

## How high is the risk of a warning letter, really?

lakör’s assessment (Germany, as of September 1, 2026):

Route

Likelihood

Consequence

Warning letter from a competitor or an association

highest

Warning letter costs, cease-and-desist declaration, contractual penalty for a repeat violation

UWG proceedings over image content (product looks different)

medium, independent of AI

Classic unfair competition proceedings

Administrative fine by the Federal Network Agency

low, but possible

Warning as the milder measure sits alongside the fine

Representative action

low

Route opened by Art. 110 AI Act

The competitor, not the authority, is the party you are more likely to face. And the obligation has applied only since August 2, 2026; the Commission guidelines are expressly non-binding (para. 5) and will be updated (para. 155).

Austria and Switzerland differ: Austria has not yet designated its competent authority, and the Austrian Protection Association Against Unfair Competition (Schutzverband gegen unlauteren Wettbewerb) reads the rule even more broadly than the Wettbewerbszentrale; in Switzerland, according to the Federal Council’s legal baseline analysis of February 12, 2025, there is no labeling obligation as long as the store does not ship to the EU or visibly target EU customers (as of September 1, 2026).

For you as a merchant: label photorealistic AI images when in doubt, because the label costs little and a dispute costs a lot. Replace images that show the product differently from what is delivered instead of labeling them. And for both, record what you decided and when.

## Frequently asked questions

### Which authority enforces the AI labeling obligation in Germany?

The Federal Network Agency (Bundesnetzagentur): under Section 2(1) of the German KI-MIG (signed July 22, 2026) it is the market surveillance authority for the AI Act, and under Section 8 KI-MIG also the central complaints body. No administrative proceedings on Art. 50 are known as of September 14, 2026.

### Have there been warning letters over missing AI image labels yet?

As of September 14, 2026, no documented warning letter and no court ruling on AI image labeling is known in Germany, Austria, or Switzerland. The only AI lawsuit the Wettbewerbszentrale has announced (notice of August 6, 2026, Munich Regional Court I) concerns a chatbot. The complaints form for such cases has existed since July 28, 2026.

### Can a competitor send me a warning letter over a missing AI label?

Yes, that is the more realistic risk. In the view of the Wettbewerbszentrale (guide dated July 29, 2026), AI Act violations can amount to unfair competition, and Section 5a UWG covers withholding material information. Whether Art. 50 is also a market conduct rule under Section 3a UWG has not been decided by any court (as of September 1, 2026).

### Do I have to label AI images created before August 2, 2026 retroactively?

The legal text has no grandfathering clause. The European Commission (FAQ) and the law firm IT-Recht Kanzlei (July 31, 2026) say images created before the cutoff date do not need a retroactive label; that is an authority position and a law firm opinion, not a legal provision. You should be able to show the creation date.

### What should I document as a merchant?

Three things: per image, the decision with tool, date, and case group; the marker findings on the original file (a missing marker is evidence of nothing); and the visibility of the label on the image, for example by dated screenshot and again after every theme change. The basis is para. 148 of the Commission guidelines of July 20, 2026.

## Sources

1.  Regulation (EU) 2024/1689 (AI Act), Art. 50, 99, 110, CELEX 32024R1689, Cellar resolver. [publications.europa.eu](http://publications.europa.eu/resource/celex/32024R1689) (accessed 1 September 2026)
2.  Regulation (EU) 2026/1744 (Digital Omnibus on AI), Art. 1 No. 38 and 39, CELEX 32026R1744, Cellar resolver. [publications.europa.eu](http://publications.europa.eu/resource/celex/32026R1744) (accessed 31 August 2026)
3.  European Commission, Guidelines on the implementation of the transparency obligations under Article 50, C(2026) 5054 final, July 20, 2026. [ec.europa.eu](https://ec.europa.eu/newsroom/dae/redirection/document/131215) (accessed 31 August 2026)
4.  European Commission, landing page of the Article 50 guidelines. [digital-strategy.ec.europa.eu](https://digital-strategy.ec.europa.eu/en/library/guidelines-transparency-obligations-providers-and-deployers-ai-systems) (accessed 31 August 2026)
5.  German AI Market Surveillance and Innovation Promotion Act (KI-MIG), BGBl. 2026 I No. 223, gesetze-im-internet.de. [gesetze-im-internet.de](https://www.gesetze-im-internet.de/) (accessed 31 August 2026)
6.  Wettbewerbszentrale, AI complaints desk (online form), German: KI-Beschwerdestelle. [wettbewerbszentrale.de](https://www.wettbewerbszentrale.de/beschwerdestelle/ki-beschwerdestelle/) (accessed 14 September 2026)
7.  Wettbewerbszentrale, notice of July 28, 2026 on the new online form for AI complaints (German: In eigener Sache: Neues Online-Formular für Beschwerden zum Thema KI). [wettbewerbszentrale.de](https://www.wettbewerbszentrale.de/in-eigener-sache-neues-online-formular-fuer-beschwerden-zum-thema-ki/) (accessed 14 September 2026)
8.  Wettbewerbszentrale, update of August 6, 2026 on its lawsuit over an AI chatbot (German: Update: Wettbewerbszentrale klagt wegen KI-Chatbot). [wettbewerbszentrale.de](https://www.wettbewerbszentrale.de/update-wettbewerbszentrale-klagt-wegen-ki-chatbot/) (accessed 14 September 2026)
9.  Wettbewerbszentrale, news overview (German: Aktuelles). [wettbewerbszentrale.de](https://www.wettbewerbszentrale.de/aktuelles/) (accessed 14 September 2026)
10.  IT-Recht Kanzlei, labeling AI images in online stores (German: KI-Bilder im Shop kennzeichnen, update July 31, 2026). [it-recht-kanzlei.de](https://www.it-recht-kanzlei.de/ki-bilder-im-shop-kennzeichnen.html) (accessed 14 September 2026)
11.  Swiss Federal Council / OFCOM (BAKOM), legal baseline analysis on AI regulation adopted February 12, 2025 (German: Rechtliche Basisanalyse), p. 41. [bakom.admin.ch](https://www.bakom.admin.ch/dam/de/sd-web/4HwAbRI-HeC1/analyse_juritisch.pdf) (accessed 31 August 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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