IA : GUIDELINES TRANSPARENCY

ARTICLE 50 AI ACT : transparency obligations entry into force from 2 August 2026

Providers & Deployers of AI Systems : transparency obligations

Eleonore Scaramozzino, Avocate Constellation Avocats

These guidelines define the scope of transparency obligations for providers and deployers of AI systems under article 50 of the AI Act.

The Commission adopted these guidelines to offer practical guidance to competent authorities, as well as providers and deployers of AI systems. The aim is to ensure compliance with the transparency obligations under Article 50 of the AI Act in a consistent, effective, proportionate and uniform manner

The AI Act follows a risk-based approach, classifying AI systems into four different risk
categories, one of which is AI systems posing transparency risks that are subject to the
obligations laid down in Article 50 AI Act. These transparency obligations apply two
years after the entry into force of the AI Act, i.e. as from 2 August 2026. Pursuant to Article 96(1)(d) AI Act, these Commission Guidelines are issued with the aim to serve as practical guidance to assist competent authorities, as well as providers and deployers of AI systems, in ensuring compliance with the transparency obligations under Article 50 AI Act in a consistent, effective, proportionate and uniform manner.
The drafting of these Guidelines was informed by input from a variety of stakeholders
collected during a broad consultation organised by the Commission and input from the
Member States in the AI Board as well as stakeholder input on the draft guidelines that
were published for consultation.

These Guidelines are non-binding. Any authoritative interpretation of the AI Act may ultimately only be given by the Court of Justice of the European Union (‘CJEU’)

Transparency obligations in Article 50 AI Act

These Guidelines constitute a first interpretation with practical examples of the
transparency obligations laid down in Article 50 AI Act. The Commission will review
these Guidelines as soon as necessary in view of practical experience gained in the
implementation of the transparency obligations and the pace of technological, societal,
and regulatory developments in this area. This also includes any relevant experience from
market surveillance enforcement actions and interpretations on Article 50 AI Act given
by the CJEU. During such a review, the Commission may decide to withdraw or amend
these Guidelines. The Commission encourages providers and deployers of AI systems,
national market surveillance authorities through the AI Board, the AI Advisory forum,
the research community, and civil society organisations to contribute to this process by
responding to future calls for public consultation.