Thought Leadership
European retail association EuroCommerce is calling on the EU to introduce exemptions from AI labeling requirements for purely generative advertising images and product photos.
The European retail association EuroCommerce has sent a letter to the European Union’s digital affairs chief, Henna Virkkunen, urging exemptions from the bloc’s new AI transparency rules. The organization, which represents the interests of major companies including Amazon, H&M, IKEA and Inditex, argues that certain AI-generated content should not be subject to mandatory labeling.
The EU Artificial Intelligence Act (EU AI Act) will enter into force on August 2, 2026. It requires companies to clearly label content such as images, videos and audio files if they have been created or altered using artificial intelligence and qualify as so-called deepfakes.
Arguments against classifying advertising content as deepfakes
In the letter, EuroCommerce Director General Christel Delberghe argues that commercial advertising content without any intention to deceive should not fall under the strict definition of a deepfake.
According to Delberghe, this should exclude AI-generated advertising materials that “are not intended to mislead users, for example by generating an image of a living room to showcase a sofa or by enhancing product images for presentation purposes.”
A blanket labeling requirement for all AI-assisted marketing materials could risk overwhelming consumers with warnings, causing them to become desensitized to the notices. This would undermine the actual goal of transparency and consumer awareness.
Economic importance of AI in retail
The technology is already deeply embedded in modern e-commerce and retail operations. Companies are using generative artificial intelligence to significantly reduce marketing production costs. German online retailer Zalando, for example, has cut content creation expenses by 90 percent through the use of AI tools.
Fashion groups H&M and Zara are also using digital model clones to present clothing virtually. A mandatory labeling requirement would therefore affect a large share of the industry’s everyday image production and advertising workflows.
The European Commission has not yet issued an official response to the letter.
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