Do AI Ads Have to Be Labelled in Germany?

Last checked: 29 September 2026 · Johannes Westphal · 6 min read

Yes, in many cases. Since 2 August 2026, advertisers have had to disclose under Article 50 of the EU AI Act (Regulation (EU) 2024/1689) when they publish realistic-looking AI-generated images, videos or voices (deepfakes). Separately, under the UWG (the German Unfair Competition Act) and the Medienstaatsvertrag (the Interstate Media Treaty), advertising must always be recognisable as advertising. Whether it is a short social media clip, a realistic-looking avatar or a complete commercial, much of this is now produced without a camera crew or a traditional film set. AI advertising in Germany is already standard practice. The technology is impressive, but it also raises questions. One of the most important: do companies actually have to label advertising that was created with AI?

Last checked: 29 September 2026

There are two separate levels to keep apart.

In Germany, advertising must always be clearly recognisable as such. This is governed by the UWG (Gesetz gegen den unlauteren Wettbewerb, the German Unfair Competition Act) and the Medienstaatsvertrag (the Interstate Media Treaty).

In practice, that means:

• An Instagram post promoting a product → needs a label such as “Anzeige” (ad) or “Werbung” (advertising).
• A sponsored article on a website → must be clearly separated from editorial content.
• Influencer partnerships are covered too → think “Paid partnership with …”.

Whether the commercial was shot conventionally or generated by AI makes no difference here. Advertising is advertising.

Since 2 August 2026, the transparency obligations under Article 50 of the EU AI Act have applied: anyone who publishes realistic-looking AI-generated or manipulated content must disclose that it was created with AI, clearly and at the latest at the time of first contact.

This applies, among other things, to:

• AI avatars or synthetic voices
• Deepfakes or deceptively realistic scenes
• Texts or videos that would be hard to tell apart from “real” content without a notice

The law requires that users can recognise that they are looking at AI content.
For obviously artistic, satirical or fictional works, a notice that does not interfere with the presentation is enough. There is no exemption for advertising.

Practical examples of a transparent label:

• “This video was created with the help of AI.”
• “The voice in this commercial is synthetically generated.”

Further reading:

• Gesetz gegen den unlauteren Wettbewerb (UWG), the German Unfair Competition Act (in German)
• Medienstaatsvertrag 2025 (MStV), the Interstate Media Treaty (in German)
• EU AI Act: overview from the IHK, the Chamber of Industry and Commerce (in German)
• European Commission: FAQ on the transparency obligations under Article 50 of the AI Act
• European Commission: Code of Practice on the transparency of AI-generated content

In practice, it comes down to two steps:

1. Label the advertising, just as before.
2. Make the use of AI transparent whenever AI is involved.

Combined notices such as “Anzeige | Erstellt mit KI” (“Ad | Created with AI”) are a simple way to meet both requirements.

Many companies worry that a notice such as “AI-generated” will weaken the impact of their advertising. Our experience shows the opposite.

• Build trust: customers appreciate it when brands communicate openly.
• Avoid risks: transparency protects against cease-and-desist letters (Abmahnungen) and reputational damage.
• Look modern: making it clear that you use AI shows a capacity for innovation.

Further requirements have already been adopted: providers of AI tools must mark generated content in a machine-readable way, with a transition period until 2 December 2026 for systems that were placed on the market before 2 August 2026. In May 2026, the European Commission published draft guidelines on this.

Companies should prepare early:

• Develop internal guidelines (“How do we label AI content?”).
• Choose tools that support transparency.
• Follow legal updates, as the details of implementation are still taking shape.

The answer to the opening question is clear: Yes, AI advertising has to be labelled.

• As advertising, as has always been the case.
• And additionally as AI-generated, whenever synthetic content is used.

Companies that take this transparency seriously are not only on the safe side legally, but also strengthen the trust of their audience.

At That Works Media, we produce modern, AI-assisted commercials: fast, creative and with a focus on transparency.

Want to use AI in your marketing without taking legal risks? Get in touch. Together we will develop advertising content that is innovative and builds trust.

This article is for general information only. It is not legal advice and cannot replace individual advice from a specialised lawyer.

Yes. Under the UWG (the German Unfair Competition Act) and the Medienstaatsvertrag (MStV, the Interstate Media Treaty), advertising in Germany must always be clearly recognisable as such, whether it was produced conventionally or generated by AI.

Yes. Since 2 August 2026, Article 50 of the EU AI Act has required that AI-generated content that looks deceptively real, or that would be hard to tell apart from “real” content without a notice (for example synthetic voices, avatars and deepfakes), be identified as such.

No. Two steps are needed: (1) label the advertising (“Anzeige” or “Werbung”) and (2) disclose the use of AI (for example “Created with AI”).

Only to a limited extent. For obviously artistic, satirical or fictional works, a notice that does not interfere with the presentation is enough. There is no exemption for advertising.

• “This video was created with the help of AI.”
• “The voice in this commercial is synthetically generated.”
• “Anzeige | Erstellt mit KI” (Ad | Created with AI).

You risk cease-and-desist letters (Abmahnungen), fines and reputational damage. Fines under the EU AI Act can reach up to 15 million euros or 3 percent of worldwide annual turnover. Your audience may also lose trust in you.

• Define internal labelling guidelines (advertising label plus AI notice).
• Set clear workflows for AI productions and approvals.
• Monitor and document legal developments regularly.

Note and disclaimer: this FAQ is for general information only and is not legal advice. For binding guidance, please consult a specialised lawyer.