Question of the Day
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].
- Commission publishes Code of Practice on marking and labelling AI-generated content | Shaping Europe’s digital future digital-strategy.ec.europa.eu (opens in new tab)
- EU AI Act: 5 Key Facts on the Landmark 2026 AI Regulation technosports.co.in (opens in new tab)
- EU Commission publishes Code of Practice on labelling AI-generated content - Telecompaper telecompaper.com (opens in new tab)