EU AI Act Article 50 transparency rules took effect Aug 2, 2026 — the Digital Omnibus did not defer them
maticijus · reddit · 2026-11-09
Countering the popular "the AI Act was delayed" narrative, the author walks through the Official Journal texts: only part was deferred, and Article 50 transparency duties apply from 2 August 2026.
- What moved: Regulation (EU) 2026/1744 (Digital Omnibus on AI), in force 27 July 2026, deferred Annex III high-risk rules to 2 December 2027
- Chatbots (Art. 50(1)): users must be told they're talking to AI unless obvious to a "reasonably well-informed, observant and circumspect" person in context — judged by circumstance, not the operator's assumptions
- AI-generated text (Art. 50(4)): publicly published AI text on matters of public interest must be disclosed, unless it underwent human review/editorial control AND a named person or entity holds editorial responsibility — both required; deepfake rules cover image, audio, video
- Timing (Art. 50(5)): disclosure at latest at first interaction
- Duty split: 50(1)(2) on providers, 50(3)(4) on deployers — companies embedding someone else's model should verify their role first
- Sole grace period: machine-readable marking (Art. 50(2)) for pre-Aug-2 systems until 2 December 2026
Practical tips: date a one-line justification per chatbot for why disclosure is/isn't obvious; record who holds editorial responsibility ("the team" isn't a person); confirm your role before building labeling flows. The author notes no official guidance yet on how "obvious" or "editorial responsibility" will be interpreted.
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