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2025-01-01

Question of the Day

Question of the day · 2026-06-10 ·

One question per day to look beyond the headlines.

How do “non-binding” EU AI labels become enforceable when the AI Act starts auditing platforms?

Take-away “Voluntary” codes become de facto enforceable because audits measure compliance with AI Act transparency duties, and the code serves as the accepted implementation playbook.

The non-binding voluntary Code of Practice on marking and labelling AI-generated content by the European Commission outlines practical steps for AI providers and deployers to satisfy transparency obligations under the AI Act, effective from August 2, 2026 [1], [3]. Although participation in the Code is voluntary, the transparency obligations it supports are legally binding under the EU AI Act. This includes requirements for clear labelling of deepfakes and AI-generated or manipulated text, particularly matters of public interest. These requirements are enforceable under the remit of the AI Act, which specifies penalties for non-compliance [2], [3]. Once the AI Act is fully applicable, platforms could be audited for compliance with these transparency obligations, thereby making such practices enforceable despite the initial non-binding status of the Code [1], [2].

Sources · 2026-06-11