Guides · Article 50 · EU AI Act
Timing and accessibility of Article 50 disclosures
Knowing that a disclosure is needed is only half the job — Article 50(5) of the EU AI Act also says when and how it must be given. This guide unpacks that paragraph, which applies across the four transparency duties in Article 50. Informational only — not legal advice.
What Article 50(5) says
The regulation text provides that the information referred to in paragraphs 1 to 4 must be provided to the natural persons concerned in a clear and distinguishable manner at the latest at the time of the first interaction or exposure, and must conform to the applicable accessibility requirements (Article 50(5), Regulation (EU) 2024/1689).
Three points sit in that sentence: clarity and distinguishability (the notice should stand out, not blend into surrounding copy), timing (no later than the first interaction or exposure), and accessibility (the information must conform to applicable accessibility requirements).
What 'first interaction or exposure' looks like in practice
The right moment depends on the system. Illustrative placements teams commonly use — not approved patterns, and not legal advice:
- Chatbot: the disclosure in the opening message, often paired with a persistent label on the widget.
- Voice agent: a spoken line at the start of the call, before the substantive conversation.
- Deepfake video or audio: a label visible or audible at or before the content is first shown or played.
- Emotion-recognition system: a notice delivered before or as the person is first exposed to the system's operation.
The accessibility point
The text says the information must conform to the applicable accessibility requirements. In practice, teams treat that as making the disclosure perceivable to people using assistive technology — for example, a chatbot label that a screen reader announces, or a video label not conveyed by colour alone. Which accessibility requirements apply to your product is itself a legal question that varies by context — confirm with qualified counsel, and record how each disclosure meets them.
Common questions
Can I put the AI disclosure in my terms of service?
Article 50(5) asks for the information in a clear and distinguishable manner at the latest at the first interaction or exposure. A notice buried in terms most users never open sits uneasily with that wording, which is why teams commonly surface it in the interaction itself. Whether a given placement suffices is fact-specific — confirm with qualified counsel.
See what may apply to your business
Answer seven quick questions for an automated, informational indication of which Article 50 obligations appear likely to apply — free, and not legal advice.