Violations of the transparency obligations under Art. 50 EU AI Act fall under the fine regime of Art. 99 AI Act. The framework provides for fines of up to 15 million euros or 3% of worldwide annual turnover – whichever is higher. For small and medium-sized enterprises (SMEs), by contrast, the lower of the two amounts applies.
This distinction between the "higher" and the "lower" amount depending on company size is meant to prevent a small trades business from being confronted with the same absolute sums as an international software group. Nevertheless, Art. 99 is a fine framework of serious magnitude, which shows how seriously the legislator takes the transparency obligations under Art. 50.
Whether and in what amount a fine is actually imposed in an individual case depends on the circumstances of that case. Beyond the framework values mentioned, no reliable statements can be made here, so as not to suggest false certainty.
Besides the financial risk, the practical side is also worth a look: missing or inadequate disclosure can additionally damage customers' trust if they later find out that they unknowingly communicated with an AI. For most SMEs, the effort to make their website compliant is manageable – especially compared with the possible fine framework.
You will find out how to check your website specifically and implement correct disclosure in the full guide to the chatbot disclosure obligation – or directly and automatically with the free AI Act check.
This guide is a general technical overview. It is not legal advice and not a legal review within the meaning of the German Legal Services Act (RDG). For an authoritative legal assessment, we recommend having a lawyer review your individual case.
EU AI Act: Chatbot disclosure obligation (full guide)
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