AI Act: labelling of AI content, 50 days to comply

On 12 Oct 2026, the European Commission confirmed the updated Code of Practice on transparency and labelling for AI‑generated content. The AI Act (Article 50) obligations have applied since 2 Aug 2026, with a grace period until 2 Dec 2026 for systems already placed on the market before 2 Aug 2026.

Key facts

The transparency Code of Practice is recognised as an “adequate” voluntary tool to demonstrate compliance with machine‑readable and detectable technical marking, clear end‑user labelling, and specific disclosures for deepfakes and conversational agents. In Luxembourg, draft law No. 8476 designates the CNPD as the default market surveillance authority (with sectoral authorities such as CSSF, CAA, ILNAS, ILR, ALIA), with the file still in committee as of 6 Oct 2026. Two weeks earlier, Circular 2026‑079 reminded municipalities and inter‑municipal unions of responsible AI guidelines aligned with the AI Act.

Legal framework and basis

• AI Act (Regulation (EU) 2024/1689) — Article 50(2), (4), (5): transparency for audio, image, video, text; machine‑readable and detectable technical marking; user disclosures (deepfakes, conversational agents). Article 50 effective on 2 Aug 2026; grace period until 2 Dec 2026 for pre‑2 Aug 2026 systems.
• Transparency Code of Practice (Commission + AI Board): good practices to meet Article 50; equivalent measures possible if not adhering to the Code.
• Luxembourg (draft No. 8476): CNPD as default authority and sectoral split (CSSF, CAA, ILNAS, ILR, ALIA...).

What changes for Luxembourg businesses

• Immediate non‑compliance risk by 2 Dec 2026 for any generative system or service placed on the market before 2 Aug 2026: you must evidence technical marking (e.g., C2PA metadata, imperceptible watermark) and clear end‑user labelling.
• Local governance: the AI Act is directly applicable; prepare interactions with CNPD/CSSF/ILR/ALIA depending on sector (system registers, technical evidence, labelling policies).
• Expected evidence: inventory of generative systems, integration modalities (chatbots, media generation, summaries), marking architecture and inheritance across transformations, handling of exceptions, and user information.

Concrete actions to take this week

• Inventory “pre‑2 Aug 2026” generative systems and map the channels (web, apps, social, email, documents) where machine‑readable marking must be injected and preserved; document end‑to‑end flows.
• Select and test a scheme combining visible UI labels with persistent technical markers; validate detection after cropping/editing/transcoding; plan and justify Article 50 exceptions.
• Update public policies: “AI content” notice, legal mentions, human review procedures, AI system register, internal guidance, and supplier clauses aligned with the Code or equivalent measures. For hands‑on support, our experts in AI Act compliance and AI governance can accelerate implementation.

Luxembourg: coordination and next steps

Anticipate coordination with CNPD (default authority) and sectoral regulators. Public entities (municipalities) can rely on Circular 2026‑079. For local legal framing and links to related frameworks, see our page on AI compliance in Luxembourg.

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Article generated by Luxgap regulatory watch. For tailored guidance on this topic, contact us.