Privacy Partnership Law

Generative AI and the EU AI Act - We answer your FAQs.

1. “We’re just using a general AI tool like ChatGPT/Gemini — do we really need to comply?”

Yes — maybe. If you're using a generative AI in the EU or for EU-facing users, you may have duties under the AI Act, even if you didn’t build or fine-tune the model yourself.

Generative AI applications, like ChatGPT, Claude, Gemini, and Llama, are a type of “General Purpose AI (GPAI)” under the AI Act, and using GPAI systems carries specific obligations in certain contexts.

2. “We didn’t train or fine-tune the model — does that mean we’re not responsible?”

Not quite. If you're deploying the model in the EU— e.g. using it or integrating it into a product, chatbot, analytics tool, or customer-facing service — you may still have obligations as a deployer under the AI Act.

3. “Does it matter how we’re using it?”

Yes — context is everything. You have more obligations if the model is:
- Used in high-risk contexts (e.g. hiring, education, law enforcement).
- Used in a user-facing way (e.g. customer support, synthetic media).
- Producing outputs that people rely on or act on.

4. “Do we need to label AI-generated content?”

Often, yes.

If your users interact with the AI (e.g. chatbot) or see its output (e.g. AI-generated images, videos, audio, or text). From 2 August 2026, you may need to:

- Inform users if they’re dealing with an AI chatbot.

- Check that the provider has put a “watermarking” system in place to ensure content can be detected as AI-generated.

- Label the content yourself in certain contexts (e.g. if you’re using generative AI to inform the public about matters of public interest or to produce “deepfakes”, with some exceptions).

5. “What if we just use it internally — like for editing or writing?”

It depends. If no one outside the organisation sees or relies on the AI’s output, transparency duties may not apply — but if it’s used to make important decisions about people (e.g. employee appraisals, job candidates), then risk assessment rules apply. You still need to review documentation from the provider and use the system responsibly.

6. “What documents or controls may we need?”

You should have:

- An “AI literacy” programme to ensure people can use generative AI responsibly
- A copy of the provider’s documentation
- A risk assessment if using it in a sensitive context
- A transparency and labelling policy if people interact with the model or see its output
- A record of compliance showing you reviewed and followed the provider’s usage instructions

Are you a 'data broker'? Maybe under the EDPB's definition.

Are you a data broker? You might not think so, but Data Protection Regulators could soon be looking at your business model and concluding otherwise.Robert Bateman breaks down a revealing market study commissioned by the Belgian Data Protection Authority through the EDPB’s Support Pool of Experts. Designed to identify and map the data broker ecosystem, the report provides a fascinating look at how the regulatory definition of data brokerage is expanding.

Catch up with our Senior Partner Rob Bateman on Linked in to find out more