← DisclosureTrailFree template · EU AI Act Article 50 · updated 29 Sep 2026
AI Labelling Clause for Agency Client Contracts
Article 50 duties don't stop at your own team. When a client publishes, crops or re-cuts your AI-assisted work, someone has to keep the label on. This is a short clause set that says who applies the label, who keeps it in place, and who fixes a miss. Copy the parts you need into your MSA or SOW.
In one sentence: the agency labels what it delivers, the client keeps the label on wherever it publishes, and either side tells the other within 2 business days if one goes missing.
Why agencies need this
Since 2 August 2026, whoever uses AI to produce or publish realistic synthetic images, video or audio must disclose it clearly at first exposure (Article 50(4) and (5)). In an agency job, production and publication often sit with different companies. Without a clause, a stripped overlay on a client's Instagram becomes an argument about whose fault it was. The clause below puts the split in writing. Pair it with your labelling checklist so the practical rules match.
The clause
Defined terms: "Agency", "Client" and "Deliverable" as in your agreement. Each block can be copied on its own.
1. AI use disclosure
The Agency will tell the Client, in the brief, job sheet or delivery note, which Deliverables contain content that was generated or materially manipulated using artificial intelligence, and which tools were used. The Client will tell the Agency in advance if it does not want AI used for a Deliverable.
2. Labelling of Deliverables
Where a Deliverable contains AI-generated or manipulated image, video or audio content that resembles real persons, objects, places or events and could falsely appear authentic, the Agency will apply a clear and distinguishable disclosure that the content is artificially generated or manipulated, at the latest at first exposure, in line with Article 50(4) and (5) of Regulation (EU) 2024/1689 and applicable guidance. For evidently artistic, creative, satirical or fictional work, the Agency will apply the lighter form of disclosure that does not hamper the display or enjoyment of the work.
3. Client publication and channels
The Client is responsible for keeping the disclosure in place when it publishes, edits, crops, translates, re-cuts or redistributes a Deliverable, and for disclosures on channels or formats that the Agency does not control. The Client will not remove, obscure or shorten a disclosure applied by the Agency. If the Client wants a Deliverable published without a disclosure that the Agency has identified as required, the Agency may decline to release it and is not responsible for the consequences of its publication without the disclosure.
4. Conversational AI
Where the Agency configures a chatbot, voice agent or other AI system that interacts directly with natural persons for the Client, the Agency will set it up to tell users at the first interaction that they are interacting with an AI system, unless that is obvious to a reasonably well-informed person. The Client will not disable or alter that notice without the Agency's written agreement.
5. Records
The Agency will keep a record of the AI use and disclosures for each Deliverable for at least 24 months after delivery and will give the Client a copy on request. The Client will keep equivalent records for its own publication and edits.
6. Corrections
If either party finds that a required disclosure is missing or wrong on a published Deliverable, it will tell the other party within 2 business days. The party in control of the channel will add or correct the disclosure, or take the content down, within 2 business days of the notice, and both parties will record what happened and how the cause was fixed.
7. Cooperation
Each party will provide the information the other reasonably needs to respond to a request from a regulator, platform or rights holder about the labelling of a Deliverable.
8. No legal advice
The Agency's disclosures and records are operational documentation. They are not legal advice, and each party remains responsible for its own compliance with applicable law.
AI LABELLING CLAUSE (template)
In this clause, "Agency" and "Client" have the meanings given in the agreement, and "Deliverable" means any work product the Agency delivers under it.
1. AI use disclosure
The Agency will tell the Client, in the brief, job sheet or delivery note, which Deliverables contain content that was generated or materially manipulated using artificial intelligence, and which tools were used. The Client will tell the Agency in advance if it does not want AI used for a Deliverable.
2. Labelling of Deliverables
Where a Deliverable contains AI-generated or manipulated image, video or audio content that resembles real persons, objects, places or events and could falsely appear authentic, the Agency will apply a clear and distinguishable disclosure that the content is artificially generated or manipulated, at the latest at first exposure, in line with Article 50(4) and (5) of Regulation (EU) 2024/1689 and applicable guidance. For evidently artistic, creative, satirical or fictional work, the Agency will apply the lighter form of disclosure that does not hamper the display or enjoyment of the work.
3. Client publication and channels
The Client is responsible for keeping the disclosure in place when it publishes, edits, crops, translates, re-cuts or redistributes a Deliverable, and for disclosures on channels or formats that the Agency does not control. The Client will not remove, obscure or shorten a disclosure applied by the Agency. If the Client wants a Deliverable published without a disclosure that the Agency has identified as required, the Agency may decline to release it and is not responsible for the consequences of its publication without the disclosure.
4. Conversational AI
Where the Agency configures a chatbot, voice agent or other AI system that interacts directly with natural persons for the Client, the Agency will set it up to tell users at the first interaction that they are interacting with an AI system, unless that is obvious to a reasonably well-informed person. The Client will not disable or alter that notice without the Agency's written agreement.
5. Records
The Agency will keep a record of the AI use and disclosures for each Deliverable for at least 24 months after delivery and will give the Client a copy on request. The Client will keep equivalent records for its own publication and edits.
6. Corrections
If either party finds that a required disclosure is missing or wrong on a published Deliverable, it will tell the other party within 2 business days. The party in control of the channel will add or correct the disclosure, or take the content down, within 2 business days of the notice, and both parties will record what happened and how the cause was fixed.
7. Cooperation
Each party will provide the information the other reasonably needs to respond to a request from a regulator, platform or rights holder about the labelling of a Deliverable.
8. No legal advice
The Agency's disclosures and records are operational documentation. They are not legal advice, and each party remains responsible for its own compliance with applicable law.
How to adapt it
Change the 2-business-day and 24-month figures to what your operations can actually meet.
If you publish on the client's channels for them, move the section 3 duties to the Agency and keep the rest.
If you only deliver text, check whether the public-interest text exemption applies before you decide what to label.
Have your own lawyer align it with your governing law, liability cap and existing AI terms.
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Common questions
Do agencies need an AI labelling clause in client contracts?
No law requires the clause itself, but Article 50 splits the work between whoever produces and whoever publishes content. A short clause records who applies the label, who keeps it in place on the client's channels, and who fixes a miss, so a dispute does not start from a blank page.
Who is responsible for the AI label, the agency or the client?
Article 50 places the disclosure duty on the deployer of the AI system, which is whoever uses it professionally to produce or publish the content. In an agency job that can be either party at different stages, which is why the contract should say who does what at production, publication and correction.
Is this clause legal advice?
No. It is a practical template. Have your own lawyer adapt it to your governing law and existing terms before you use it.
The Deployer Pack gives you your AI labelling policy, a client clause adapted to your terms, a staff one-pager, a pre-publish checklist and a correction log. Fixed price, delivered in 48 hours.