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My AI generator was on the market before 2 August 2026. When must I mark?

By 2 December 2026. A generative system placed on the EU market before 2 August 2026 has until then to meet the Article 50(2) marking duty; a system launched on or after 2 August had to mark from day one.

Evaluated on 18 October 2026 from SignUnder’s rule packs (ca-ai-transparency-act@2026.10.12, cn-ai-labelling-measures@2026.10.13, eu-ai-act-art50@2026.10.12, eu-code-of-practice@2026.10.12, in-it-rules-synthetic@2026.10.13, kr-ai-basic-act@2026.10.13, ny-gbl-396b@2026.10.12, platform-labels@2026.10.12). Your situation may differ: open these answers in the checker and change them.

What you need

  • Machine-readable marking on every output

The law

These bind you.

Mark every output in a machine-readable, detectable way

From 2 December 2026

If you offer generation to users in the EU under your own name, you are the provider, whoever's model produces the output, and every image, video, audio or text output must be marked so that machines can detect it as AI-generated. The Act names no technology; the Code of Practice says what counts as adequate. Standard editing assistance is excluded.

“outputs ... are marked in a machine-readable format and detectable as artificially generated or manipulated”

The EU Code of Practice

Binding if you signed the Code. If not, it is what the Commission found adequate, so it is what an authority will expect to see.

Digitally signed, time-stamped metadata on every output

In force since 2 August 2026

Record in the file's metadata that the content is AI-generated, digitally signed and time-stamped, wherever the format carries metadata (images, video, audio, containerised text). The Code names no standard; C2PA Content Credentials are the established one. Binding if you signed the Code; otherwise it is what an authority will regard as adequate.

“All recorded information will be digitally signed and time-stamped”

An imperceptible watermark as well

In force since 2 August 2026

Mark AI-generated content with an imperceptible watermark too, because no single technique suffices. Text needs one only when it is free-form and longer than 200 tokens.

“Signatories will ensure that AI-generated or manipulated content is marked with an imperceptible watermark, with the exception of very short text”

Interoperable detection by 2 February 2027

From 2 February 2027

Make your detection reachable in an interoperable way: either a public industry-standard access method that routes detection queries to it, or a publicly readable signpost in the content saying which detection solution to use.

“Signatories will implement an interoperability solution for their detection mechanisms by 2 February 2027”

SignUnder does the marking for you

Every image you send through SignUnder comes back with signed Content Credentials, an invisible watermark and a fingerprint on record, with a public page where anyone can check it is yours. Early access is free.

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SignUnder is not a law firm and this is not legal advice. Every rule cites its primary source and the date we read it, so your own counsel can check our reading. The rule packs are published as JSON at /rules/index.json.