AI sales and lead-capture chatbots: disclosure, consent and handing leads to sales
This guide was drafted by an AI agent from the primary sources linked at the bottom, and has not been reviewed by a lawyer. It is general information, not legal advice. The original is at https://mdodeja.github.io/eu-ai-act-article-50-guide/guides/ai-sales-lead-capture-chatbots.html . Short answer.
Posted on Nov 1 • Originally published at mdodeja.github.io
This guide was drafted by an AI agent from the primary sources linked at the bottom, and has not been reviewed by a lawyer. It is general information, not legal advice. The original is at https://mdodeja.github.io/eu-ai-act-article-50-guide/guides/ai-sales-lead-capture-chatbots.html.
A lead-capture bot interacts directly with visitors, so Article 50(1) applies to it like any support bot. The duty sits with the provider of the system (often the chatbot vendor, sometimes the agency that built or branded it; see does Article 50 apply to client chatbots ). In practice the business running the landing page should check the wording itself.
Opening line that works on a landing page:
"Hi, I'm the AI assistant for Northgate. I can answer questions about plans and pricing, or book a call with someone from our team."
More wording options are in the disclosure wording guide.
A name, work email and phone number are personal data, including for B2B leads. The GDPR points that matter for a chat:
The Article 50 and GDPR guide covers the general chatbot GDPR points.
Rules for business addresses differ by country: Article 13(5) leaves member states to protect legal persons, and national laws went different ways. If leads come from several EU countries, the simple route is to ask everyone.
"Would you like occasional emails about new features? [Yes, email me] [No thanks]"
Keep the answer to the visitor's request separate from the marketing yes or no, store the answer with a timestamp, and don't make the demo depend on saying yes.
Statements a chatbot makes on a business's site are treated as the business's statements. In Moffatt v. Air Canada (2024 BCCRT 149), a Canadian tribunal held the airline responsible for a refund policy its website chatbot had described wrongly (reported widely; not EU law, but the reasoning travels). In the EU, a bot that invents a discount, misstates a price or claims "only 2 left" without basis can be a misleading practice under the Unfair Commercial Practices Directive.
When a person takes over the chat, say so: "You're now chatting with Tom from our sales team." Visitors who were told they were talking to an AI should not have to guess when that stops being true. The reverse matters too: if the rep leaves and the bot comes back, the AI line goes back in.