The arrival of the European Union’s Artificial Intelligence Act this August is expected to bring big changes to marketers using AI. The wide use of AI being used by brands and third-party partners when creating ad campaigns, promotions, and product reviews will get greater scrutiny once this new legislation is introduced.
Brands that market products in the EU will be required to work with partners, such as affiliates, influencers, and other publishers, to ensure that they are making appropriate disclosures when using AI to create content.
AI has become an essential tool for many marketers. It is being used to create product descriptions, buying guides, reviews, images, videos and social media content at a scale not seen before. As the use of AI continues to grow, so does the need for greater transparency around AI-generated content.
For brands, this would be a good time to ask themselves a simple question: Should a regulator question a piece of content promoting their products on a website or app, could they accurately identify whether AI was used to produce it?
Transparency will become part of content marketing
Consumers are increasingly finding it difficult to distinguish between human-created content and AI-generated content. The new rules in the EU AI Act are designed to improve transparency when AI has been used to create content or has played a significant role in its production.
This means brands need a better understanding of how marketing content is being produced across their partner networks. That includes affiliates, influencers, and media publishers who are creating new AI-generated content daily.
Throughout documentation associated with the EU AI Act, transparency is mentioned time and time again. It is very much the cornerstone of the Act and should be the place that any brand starts when preparing themselves in advance of the new legislation being enacted.
Your partners’ content may become your responsibility
Many ecommerce brands rely on third-party partners to promote products online and influence consumer behaviour. Understanding how marketing partners use AI in their content production will become necessary once the EU AI Act is introduced.
A high-priority concern for legislators is reducing the harmful impact of deceptive marketing materials that create distrust and mislead consumers. The AI Act will make brands more responsible for the actions of their marketing partners, regardless of size or reach.
Brands will likely need to review partner agreements, making sure marketing guidelines and approval processes are up to date. Brands will need to talk with partners and be sure they understand the rules around AI content before campaigns go live.
Monitoring needs to evolve alongside AI
Marketing compliance typically focuses on issues such as trademark misuse, misleading promotions, ad-hijacking, sub-network activity, incorrect pricing, and missing affiliate disclosures.
AI introduces a whole new layer of oversight for brands, which could prove more significant than any of the previously mentioned compliance issues.
Brands may increasingly need to identify content that includes AI-generated images, manipulated video content, cloned voiceovers, or misleading product claims. Manual checks alone are unlikely to catch everything, and the need for specialist tools is likely to become a necessity.
Technology, combined with regular monitoring of partner content, is likely to become an important part of marketing compliance.
Good governance will likely lead to better outcomes
The brands best prepared for the new rules are those that have already put measures in place in advance of the EU AI Act. However, it is never too late to get started and brands still have time to put processes in place before August.
Those brands that understand how their marketing partners are using AI will be best placed to deal with any situation that may arise.
Good governance may include documented marketing policies for partners, explaining how AI can be used, regular compliance reviews of content, auditing and documenting, and evidence that issues are investigated and resolved quickly.
If regulators raise questions, having a clear process in place may prove just as important as the content itself.
Preparation should start before August implementation
The introduction of the European Union’s AI Act is unlikely to change brand marketing immediately, but it does signal a clear direction of travel. Transparency, accountability and responsible use of AI are becoming part of modern marketing practices.
Brands that prepare early will be better positioned to adapt as legislators’ expectations continue to grow. Reviewing partner relationships, updating marketing guidance, improving monitoring processes and creating clear governance now will help reduce future risk to your brand.
For ecommerce businesses, the focus should not be on clamping down on AI use in marketing material. It is about protecting consumer trust while continuing to benefit from the quality marketing efforts of your partners, especially those that have made AI an integral part of their content production process.
