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When Must Advertisers Disclose The Use Of AI? | Eversheds Sutherland (US) LLP

Published

24 July 2026

Topic

regulatory

Sectors

Adtech

Geography

Europe

Source

Read at jdsupra.com

Verified

Fusion42 · 24 July 2026 · Fusion42 review

From 2 August 2026, EU organisations using AI-generated or manipulated content in marketing must disclose when that content qualifies as a 'deep fake' under the AI Act—including photorealistic synthetic imagery that could deceive viewers about authenticity, even if it doesn't impersonate a specific real person.

This Wire brief sits within Fusion42's coverage of Adtech. Wire is Fusion42's founder-focused intelligence feed: each story is connected to the funds and startups it names — every one with a live profile on Raise or Scout — so founders can follow the capital and the momentum behind the headline rather than just the headline itself. Wire analysis is one of the live surfaces Arthur reasons over.

◆ The Wire takeaway

If you're using generative AI for marketing content in Europe—product shots, event imagery, synthetic people—you'll need to label anything photorealistic enough to deceive, starting August 2026. The legal definition is broader than you think: a fake corporate event photo counts, even if no real person appears in it.

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Topics

Adtecheu-ai-actdeep-fake-disclosuremarketing-compliancegenerative-aitransparency-requirements
When Must Advertisers Disclose The Use Of AI? | Evers… | Fusion42