The EU AI Regulation has already been repeatedly criticized. However, there is now a new danger for creatives and companies: warnings under competition law due to missing or inadequate labeling of AI-generated content. This is because the labeling obligation for AI content that will apply from 2 August 2026 is likely to be classified as a market conduct rule within the meaning of Section 3a UWG.

The underestimated danger: Section 3a UWG makes labeling obligations subject to warning

Creative professionals and companies should not underestimate the labeling obligation under Art. 50 (4) of the AI Regulation. It not only protects abstract legal interests, but also aims to create transparency, protect against deception and enable informed decisions.

Who can issue warnings – and what is the threat?

This objective clearly suggests that the provision should be classified as a market conduct rule. The practical consequences are considerable. Not only can competing companies claim injunctive relief and damages in the event of infringements, but competition and consumer associations are also entitled to issue warnings.

The Wettbewerbszentrale has also already published a guideline – numerous proceedings are to be expected.

In contrast to fines imposed by the authorities, companies must expect quick reactions here – similar to the influencer labeling at the time.

What exactly must be labeled?

The labeling obligation concerns so-called deepfakes: image, sound or video content generated or edited by AI that resembles real people, objects, places or events and could be mistakenly perceived as authentic.

Practical example: When a home is too good to be true

A real estate agent advertises a detached house via an online real estate portal. The sales advertisement shows impressive photos: An immaculately plastered façade in, modern windows and a freshly paved driveway. The interior is equally appealing – bright rooms with immaculate flooring and cleanly painted walls.

The estate agent has actually reworked the original photos using AI tools. The real property shows clear signs of wear and tear: the façade is weathered, the window frames are outdated, the flooring is worn and the wall paint is stained. The AI-optimized representations are not labeled at all.

A competitor is aware of the actual circumstances and issues a warning – both for violation of Section 3a UWG in conjunction with Art. 50 Para. 4 KI-VO and for misleading according to Section 5 Para. 2 No. 1 UWG. From the warning party’s point of view, the chances of success are good.

How do you label AI content in a legally compliant way?

The Wettbewerbszentrale published a free guide on this on February 4, 2026. It provides practical guidance on labeling.

The most important labeling rules

• Text-based labeling: formulations such as “AI-generated” or “Created with AI” can be considered.
• Image-based labeling: clear symbols such as pictograms can be considered.
• Audio-based labeling: acoustic cues immediately before and after the AI-generated section can be considered.

It is also important to note that the accessibility requirements of Art. 50 (5) of the AI Regulation must be met.

Overall, the legal requirements therefore leave plenty of scope for concrete implementation. Nevertheless, in case of doubt, more information should be provided rather than too little. The decisive factor is whether viewers could mistakenly believe the content to be authentic.

Special attention: Purchased content

Many companies use stock databases for image material. Here too, the responsibility for labeling remains with the company using the material. It must therefore be checked whether acquired materials are AI-generated. Some image databases already offer filter options for AI content.

Act now: Checklist for companies

Companies should systematically review the following areas by August 2, 2026 at the latest:

• Website: All embedded images, videos and audio files
• Social media: All channels such as Instagram, Facebook, LinkedIn, YouTube
• Advertising media: print and online ads, newsletter
• E-commerce: product images and videos in online stores
• External content: Purchased stock materials and their origin

In addition to deepfake labeling, the Wettbewerbszentrale’s guide also deals with related topics such as misleading “AI washing” or the labeling of chatbots. It offers an initial sound orientation.

Conclusion: preparation is mandatory

Anyone who underestimates the labeling obligation risks expensive warnings from competitors or associations from August 2026. Case law will only develop concrete standards over time – until then, a cautious, strict interpretation of the labeling obligations is recommended.

Creative professionals and companies are well advised to adapt their communication at an early stage. This is because, unlike official proceedings, warnings from competitors can be issued very quickly.