AI gets its ‘cookie banner’ moment as new EU transparency rules take effect
New transparency requirements under the EU AI Act came into effect on 2 August, bringing clearer rules around how AI-generated and manipulated content should be identified.
The requirements aim to make it easier for consumers to recognise when they are interacting with certain AI systems or viewing artificially generated or manipulated content. This includes transparency obligations relating to deepfakes and certain AI-generated content, as well as requirements to inform people when they are interacting directly with particular AI systems.
The change has been described as AI’s potential “cookie banner moment”, reflecting how AI disclosures could become an increasingly visible and familiar part of consumers’ digital experiences, much like GDPR-related consent notices.
The development comes as generative AI is becoming increasingly embedded across the digital ecosystem, from customer-service chatbots and AI assistants to synthetic imagery, video and marketing content. As adoption accelerates, the focus is shifting from simply what AI can create to how its use is communicated transparently to consumers.
What this means for us:
For agencies and brands in Ireland, transparency now needs to be considered alongside the creative and efficiency opportunities offered by generative AI.
As AI becomes part of content creation, advertising and digital experiences, we need to understand when disclosure requirements apply and factor them into campaign development from the outset.
There is also a wider consideration beyond compliance. As consumers encounter increasingly realistic AI-generated content, being clear about when AI has been used could become an important part of maintaining trust and brand credibility.
For brands, this means considering how AI is being used across your marketing ecosystem and ensuring creative, media and legal teams are aligned. For us, it means building transparency into how we recommend and implement AI-led opportunities, without losing sight of the creative possibilities the technology offers.
Link 1: https://digital-strategy.ec.europa.eu/en/policies/code-practice-ai-generated-content