Guidelines on the implementation of the transparency obligations for certain AI systems under Article 50 of the AI Act — C(2026) 5054 final, Annex

(21) Article 2(6) AI Act provides an exclusion for AI systems or AI models, including their outputs, specifically developed and put into service for the sole purpose of scientific research and development. That exclusion is without prejudice to applicable research ethical standards and EU data protection and other legislation. In the context of Article 50 AI Act, this exclusion covers not only interactive AI systems, but also the outputs of generative AI systems (including deep fake content) used in the context of scientific research. However, if those systems are put into service or their outputs are being used for other purposes than for the sole purpose of scientific research and development, the relevant transparency obligations in Article 50 AI Act would still need to be complied with.

(9) The definition of deployer also excludes users engaged in such activities (see Section 2.3 above).

For example, if researchers develop and place on the market or put into service an interactive AI system and wish to investigate whether natural persons are able to distinguish between AI systems and humans when engaging in spoken interaction with that AI system, they do not need to implement the respective transparency obligations under Article 50(1) and (2) AI Act. However, if the same interactive AI system is also put into service for purposes other than research and development, the relevant transparency obligations in Article 50 AI Act would need to be complied with.

(22) Article 2(8) AI Act furthermore excludes research, testing or development activities regarding AI systems or AI models prior to their placement on the market or putting into service. Testing in real world conditions (inside or outside of AI regulatory sandboxes) is not covered by that exclusion. Furthermore, once an AI system is placed on the market or put into service as a result of such research and testing activities, it should nonetheless comply with the relevant transparency obligations under Article 50 AI Act (10).