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

(50) The transparency obligation under Article 50(1) AI Act applies without prejudice to existing Union consumer protection, data protection, digital or non-discrimination legislation that may require other information disclosures not specific to the AI origin of the interaction. In particular, under Directive 2005/29/EC (the Unfair Commercial Practices Directive or ‘UCPD’) (23), misleading actions or omissions with regards to main characteristics of a product or service are prohibited. Furthermore, Directive 2011/83/EC (the ‘Consumer Rights Directive’) (24) requires traders to provide clear and comprehensible pre-contractual information about the main characteristics of the goods or services. Where a service is AI-driven (such as a subscription-based chatbot, an AI

(22) This also applies for the similar exceptions to the benefit of law enforcement activities provided for in Article 50 (2)- (4) AI Act.

(23) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market; OJ L 149, 11.6.2005, pp. 22.

(24) Directive 2011/83/EU. of the European Parliament and of the Council of 25 October 2011 on consumer rights; OJ L 304, 22.11.2011, pp. 64.

companion application, or a virtual coaching service), the AI functionality may qualify as an essential characteristic that must be disclosed before the consumer is bound by a contract. The information obligations under Union consumer protection law apply irrespective of whether the interaction is considered “obvious” under Article 50(1) AI Act. Those obligations are also complementary as general consumer protection information obligations, while the notification obligation under the AI Act is more contextual and aims to ensure ongoing awareness of all natural persons about a direct interaction with an AI system at the least before its start and throughout the interaction.

(51) The DSA also includes transparency requirements for online platforms’ recommender systems, including a requirement to explain the main ranking parameters. These obligations are complementary to the transparency obligations laid down in Article 50(1) AI Act, since they have a different scope and purpose and concern systems that, in principle, do not interact directly with users within the meaning of Article 50(1) AI Act.

(52) As regards the information obligations towards data subjects under Union data protection law, the obligation in Article 50(1) AI Act fulfils a different objective than those obligations and, as such, does not affect those information obligations.

(53) Similarly, the transparency obligation under Article 50(1) AI Act applies without prejudice to Union and national law concerning the provision of information to persons in the context of criminal proceedings (e.g. Directive 2012/13/EU or Directive 2012/29/EU, as amended by Directive (EU) 2026/1472) (25).