Marketing & advertising · AI Act

Marketing & advertising — AI Act: creating with AI, transparently

Advertising creation makes extensive use of generative AI. The AI Act requires transparency (content labelling, deepfake disclosure) and prohibits manipulative techniques. This guide clarifies qualification and key points of vigilance, including image rights.

DPO / CISO team — Data Comply One Updated on 15 June 2026

In brief

  • Regulation: AI Act.
  • Agencies and advertisers deploying generative AI are deployers; tool publishers are providers.
  • Marking AI-generated content.
  • Report deepfakes.
  • Prohibit manipulation.
  • Up to €35M or 7% for prohibited practices, in addition to GDPR and image rights risks.

Regulatory deadlines

The key dates of this regulation.

August 2024

Entry into force

In force

February 2025

Ban on prohibited practices

In force

August 2025

General-purpose AI models (GPAI) & governance

In force

August 2026

High-risk system obligations (Annex III)

In force

August 2027

High-risk embedded in products (Annex I)

Upcoming

What does the AI Act cover?

The AI Act imposes transparency requirements on AI-generated or AI-manipulated content and the labelling of deepfakes, with exceptions (artistic, satirical). Manipulative techniques exploiting vulnerabilities are prohibited.

Creations depicting individuals engage portrait rights and GDPR.

Is the 'Marketing & advertising' sector concerned?

Agencies and advertisers deploying generative AI are deployers; tool publishers are providers. Content depicting real individuals calls for particular vigilance.

The sensitive boundary remains manipulation.

Detailed obligations

Marking generated content.

Labelling content produced or manipulated by AI.

Report deepfakes

Disclose manipulated content depicting individuals, except where exemptions apply.

Prohibiting manipulation

Ruling out techniques that exploit vulnerabilities.

Respecting the right to one's image

Obtaining authorisations and complying with GDPR.

Sanctions & risks

Up to €35M or 7% for prohibited practices, in addition to GDPR risk and image rights exposure. An unlabelled advertising deepfake compounds all of these risks.

Application timeline

  • 1Entry into force. 1 August 2024.
  • 2Prohibitions. Since February 2025.
  • 3Transparency. Progressive.

Common mistakes in the sector

  • 1Unmarked content. Distributing AI-generated content without transparency.
  • 2Unreported deepfake. Publishing a deepfake without disclosure.
  • 3Manipulation. Using prohibited techniques.
  • 4Unauthorised image. Ignoring the right to one's image.

Practical case

An agency produces a spot featuring a synthetic face inspired by a real person. It discloses the generated nature of the content, obtains image rights authorisations, complies with GDPR and avoids any misleading presentation.

Compliance roadmap

  1. 1

    Inventory. Map generative AI use cases.

  2. 2

    Mark. Flag AI-generated content.

  3. 3

    Report. Deepfakes and manipulations.

  4. 4

    Frame. Prohibit manipulation.

  5. 5

    Authorise. Manage the right to one's image.

Frequently asked questions

Yes: transparency on generated content and disclosure of deepfakes, outside exceptions.

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