Guides · Article 50 · EU AI Act
How to disclose AI use in email
Email is a common place teams wonder how to surface an AI disclosure — whether the message was drafted by an AI writing tool, or an AI agent is replying in a thread. This guide walks through the practical placement question, grounded in Article 50(5) of the EU AI Act. It is informational only and not legal advice, and the examples are illustrative, not approved wording.
Which Article 50 paragraph an email engages depends on the system: an AI system that interacts directly with a person may raise the provider-side duty in 50(1); AI-generated content may raise the provider-side marking duty in 50(2); a deepfake or certain public-interest text may raise deployer-side duties under 50(4). Whether any applies to your email is fact-specific.
What Article 50(5) says about timing and clarity
Article 50(5) provides that the information referred to in paragraphs 1 to 4 must be given to the people concerned in a clear and distinguishable manner, at the latest at the time of the first interaction or exposure, and must conform to applicable accessibility requirements.
Applied to email, that points toward putting any required disclosure where the recipient sees it as they read the message — not buried in a footer link — and making it perceivable to people using assistive technology such as screen readers.
Placement patterns teams consider
- A short line near the top of the message body, where it is seen at first exposure rather than after the reader has acted.
- Plain, specific language that names what is AI — an AI-drafted message, an automated AI reply — instead of vague wording.
- Structuring the notice as real text, not an image, so screen readers and assistive tools can reach it.
- Consistency across templates so the disclosure is not lost when marketing or transactional emails are reworked.
Illustrative examples (not approved wording)
These show tone and placement only. They are not legal advice and not guaranteed to fit your facts — adapt with qualified counsel:
- Top-of-message note: 'This message was drafted with the help of an AI system.'
- Automated-reply line: 'You're receiving an automated reply generated by an AI assistant.'
Common questions
Does every AI-assisted email need a disclosure?
Not necessarily. Article 50's duties turn on the kind of AI system involved, each with conditions and carve-outs, and Article 50(5) governs how and when any required information is given. Whether your email engages a paragraph at all 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.