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European Union

EU AI Act Article 50 Draft Code of Practice: Operational transparency duties for providers and deployers—marking, detection and deepfake labelling by August 2026

Published on: 18 February 2026

Published by a LexisNexis EU Law expert
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Article summary

Fiona Ghosh, Patricia Wade and Nilesh Ray of Ashurst delve into each of these matters in greater depth below.

Overview

The draft Code takes a decisive stride towards turning the broad transparency duties in Article 50 of the Act into concrete, operational expectations for both providers and deployers of generative AI. Shaped by extensive engagement with stakeholders, it offers the first coherent roadmap for how organisations should handle the marking and detection of AI-generated or manipulated content, alongside the labelling of deepfakes, from here on. The Article 50 transparency duties take effect on 2 August 2026. As that date draws nearer, adherence to the steps in the draft Code is poised to serve as a key yardstick for assessing day-to-day compliance. In practice, it will set clear expectations across the market.

Who's covered?

The draft Code captures 'providers' (those placing Gen AI systems on the market) and 'deployers' (entities using GenAI systems to produce or release content). Its two principal parts assign separate, yet connected, obligations to each group.

Providers: 'marking' and 'detection' of AI-generated and manipulated content

Section 1 of the draft Code focuses on providers of generative AI systems, including General Purpose AI (GPAI) models...

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