Should a small agency sign the Code of Practice on transparency of AI-generated content?

Posted on Oct 23 • 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/should-agencies-sign-ai-content-code-of-practice.html.

Short answer. The Code is voluntary, but Article 50 is not. Deployers, including agencies that publish AI images, video or public-interest text, may sign. Signatories can rely on the Code's measures to show they comply; everyone else has to show their own measures are adequate, case by case. For an agency that labels AI content for clients regularly, signing is worth considering once you have read Section 2 and checked you can follow it.

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.

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.

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.

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.

The Code is a commitment, not a badge. Before signing, expect to:

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.

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.