The EU AI Act and your website chatbot

Since 2 August 2026, the EU AI Act says people must be told when they are talking to an AI system, unless it is obvious. Here is what that means for a small business that uses a chatbot or AI receptionist.

Last checked 28 October 2026.

The rule in plain words

Article 50 of the EU AI Act (Regulation (EU) 2024/1689) says AI systems that interact directly with people must be designed so that those people are informed they are interacting with an AI system, unless that is obvious from the circumstances. The duty sits mainly with the provider of the system, the company that builds it and puts it on the market.

It applies from 2 August 2026. The “Digital Omnibus” amendments that entered into force on 27 July 2026 postponed the rules for high-risk AI systems, but left this transparency duty on its original date.

Does it apply to businesses outside the EU?

Yes, when the AI system is used with people in the EU. A UK, US or Australian business whose website chat talks to customers in the EU should make sure the chat says it is an AI.

AI-generated content must also be marked

Providers of AI systems that generate text, images, audio or video must also mark the output in a machine-readable way, so it can be detected as AI-generated. For systems placed on the market before 2 August 2026 there is a grace period until 2 December 2026. This is mainly a job for the companies that build AI systems and models.

What a small business should do

  • Make sure your chat says clearly that it is an AI assistant, near where people type, not hidden in your terms.
  • On WhatsApp or SMS, let the first reply say it comes from an AI assistant.
  • Offer a way to reach a person, and hand over when someone asks.
  • Mention the chat in your privacy policy: what is stored, for how long, and which AI provider writes the answers.
  • Do not use a chatbot for decisions about people, such as credit or hiring, without legal advice; those uses have stricter rules.

How our AI receptionist handles it

  • The chat header says “AI assistant” and a notice under it says “You are chatting with an AI assistant.” in the chat’s language.
  • Each reply in the chat is labelled as coming from the AI assistant and marked as AI-generated in the page code.
  • In a new WhatsApp or SMS conversation, the first reply says it is your business’s AI assistant, and the default missed-call text mentions the AI assistant.
  • You can link your privacy policy in the chat, choose how long conversations are kept, and take over any conversation.

Penalties

Breaking the transparency obligations can lead to fines of up to €15 million or 3% of worldwide annual turnover, whichever is higher, with lower caps for SMEs set by the Act. Enforcement is by national authorities in each EU country.

Questions

Is a line in my terms and conditions enough?

Unlikely. The point is that people know while they are talking to it. Show it in the chat itself.

Do I need to label emails written with AI?

Article 50 also covers AI-generated text published to inform the public on matters of public interest, unless a person has reviewed it and takes editorial responsibility. Ordinary business emails you review yourself are a different situation. Ask an adviser if you are unsure.

Sources

General information, not legal advice. Laws and dates change; check the sources or ask an adviser for your situation.