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AI Law

Transparency obligations under EU AI Act

Under the EU AI Act, AI systems are subject to transparency obligations that provide clear, accessible transparency requirements.
Transparency obligations under EU AI Act

Providers and deployers of certain AI systems are subject to transparency obligations under the EU AI Act. The information regarding transparency is to be provided in a clear and distinguishable language at the time of first interaction or exposure to the AI system. Accessibility requirements must be conformed by the AI systems.

  • Providers subject to transparency obligations:

AI systems intended to directly interact with natural persons

=> Inform users that they are interacting with an AI system

=> Not applicable if it is clear from circumstances and context that the user is interacting with an AI system

Standard: reasonably well-informed, observant and circumspect individual

Exception: AI systems authorised by law to detect, prevent, investigate or prosecute criminal offences subject to safeguards. If they are available to report by the public, the exception does not apply.

AI systems that are general purpose and used to generate audio, video, image or text content

=> Mark outputs with labels in machine-readable format and detectable as ai-generated

Exceptions: AI systems that minimally manipulate content or assist in standard editing; authorised by law to detect, prevent, investigate or prosecute criminal offences subject to safeguards

  • Deployers subject to transparency obligations:

AI systems that recognise emotions or use biometric categorisation systems

=> Inform about the operation of the AI system to the users being evaluated

=> Inform that personal data is processed in accordance with GDPR.

Exceptions: AI systems authorised by law to detect, prevent, investigate or prosecute criminal offences subject to safeguards.

AI systems that manipulate image, audio or video to create deepfakes

=> Inform that the content is artificially generated or manipulated

Exceptions: AI systems authorised by law to detect, prevent, investigate or prosecute criminal offences subject to safeguards; evidently artistic, creative, satirical, fictional or such work to disclose AI-generated label that does not hamper display or enjoyment of the work.

AI systems that generate or manipulate text for informing public on public interest matters

=> Inform that the text is artificially generated or manipulated

Exceptions: Inform that the content is artificially generated or manipulated

Exempt systems: AI systems authorised by law to detect, prevent, investigate or prosecute criminal offences subject to safeguards; AI-generated content edited by a human; natural or legal person holding editorial control over AI-generated content.

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