Should a small agency sign the Code of Practice on transparency of AI-generated content?
What the Code is
The Code of Practice on Transparency of AI-generated Content is a document drawn up by independent experts in a process run by the EU AI Office. It sets out practical measures for the marking and labelling duties in Article 50 of the AI Act, specifically paragraphs 2, 4 and 5.
It has two sections:
- Section 1, providers: rules for machine-readable marking and detection of AI-generated and manipulated content. This is for the companies that build generation tools.
- Section 2, deployers: rules for labelling deep fakes and AI-generated or manipulated text. This is the part that applies to agencies and brands that publish AI content.
The Commission's page says the Commission and the AI Board have confirmed the Code is an adequate voluntary tool to demonstrate compliance. It also says that by the end of July 2026 about 190 companies and organisations had signed. The Code sits alongside the Commission's guidelines on the scope of Article 50; it does not replace the Act or the guidelines.
Voluntary code, mandatory law
Signing is optional. The duties are not. Article 50 has applied since 2 August 2026, and a deployer that publishes deep fakes or AI-generated text on matters of public interest has to disclose them whether or not it signs anything. The deep fake guide and the guide on AI-written articles cover what those duties are.
So the real question for an agency is not whether to comply but how to show that it does.
What signing gets you
According to the Commission:
- A recognised way to show compliance. Signatories can rely on the Code's measures to demonstrate compliance with the labelling and detection rules. That gives predictability across all member states.
- Less case-by-case argument. Providers and deployers that comply by other means have to show their own measures are adequate, and that is assessed individually by different market surveillance authorities.
- A seat in the Signatory Taskforces, which the Commission says will be set up to share practice on marking and labelling.
Signing does not stop you being checked, and it does not cover anything outside Article 50(2), (4) and (5). Consumer law, data protection and platform rules still apply in full.
What it costs a small agency
The Code is a commitment, not a badge. Before signing, expect to:
- Read Section 2 in full and check that every measure fits how you actually make and publish content. If you sign, you are expected to follow it.
- Make it part of your production process: how assets are classified, where labels go, who checks, and what record you keep. The record template in the AI-written articles guide is a starting point.
- Brief staff and freelancers, because the people who make the assets are the ones who will skip the label.
- Expect your name on a public list. The Commission publishes the list of signatories, so clients and competitors can see it.
A way to decide
| Your situation | Suggested approach |
|---|---|
| You publish AI images, video or voice for clients every month | Read Section 2 and seriously consider signing; you need a documented process anyway |
| You write AI-drafted news-style or public-interest content for clients | Same, and pair it with the editorial-responsibility setup in the articles guide |
| You use AI mainly for internal drafts, product copy or obvious illustrations | Signing adds little; keep a short written policy and label the borderline cases |
| You build and sell your own generation tool | You may be a provider; Section 1 is the part to read first |
Whichever way you go, write down what you do and why. If you do not sign, that written policy is what you would show an authority to demonstrate your measures are adequate.
How to sign
The Commission's Code page links to the signatory form, instructions and a questions-and-answers page on signing. Use those rather than any third-party summary, because the process and form can change.
Sources
- European Commission: Code of Practice on Transparency of AI-generated Content, including the Code PDF, the signatory form and the list of signatories.
- European Commission: guidelines on transparency obligations for providers and deployers of AI systems, published 20 July 2026.
- Regulation (EU) 2024/1689 on EUR-Lex: Article 50, including 50(7) on codes of practice.
- Article 50 text at artificialintelligenceact.eu.