Class Action vs Google · upheld by the Court of Milan

Area · AI Act — Artificial intelligence

Right to AI transparency

It is the right that ensures users are informed when content, services or decisions are generated or influenced by artificial intelligence systems.

Position in the tableAll rights

What it is

The right to AI transparency is the right to know when you are interacting with an artificial intelligence system and to understand:

  • that you are dealing with an AI and not with a person;
  • how the system works;
  • what data it was trained on;
  • what decisions or outputs it produces;
  • who is responsible for it.

The two levels of transparency in the AI Act

Minimum transparency (all AI systems)

Art. 52 requires users to be informed when:

  • they interact with an AI chatbot or virtual assistant;
  • content is generated by AI (text, images, video, audio);
  • an AI system categorises or profiles people;
  • an AI system recognises emotions.

Enhanced transparency (high-risk AI systems)

Art. 50 requires detailed documentation on:

  • the purpose of the system;
  • performance, limits and risks;
  • training data;
  • human oversight measures;
  • accuracy, robustness and security.

What transparency is for

Awareness

  • You know who, or what, you are dealing with.
  • You are not misled into believing you are talking to a person.

Understanding

  • You understand how the AI makes its decisions.
  • You can assess how reliable its outputs are.

Accountability

  • You can identify who is responsible for the system.
  • You know whom to turn to with a complaint.

When it applies: minimum transparency (Art. 52)

Chatbots and virtual assistants

When you interact with:

  • conversational AI assistants (ChatGPT, Claude, Gemini);
  • customer-service chatbots on websites;
  • voice assistants (Alexa, Siri, Google Assistant).

The obligation:

  • a clear notice: “You are interacting with an AI”;
  • before or at the start of the interaction;
  • in plain, visible language.

Exceptions. The notice is not required if:

  • it is obvious from the context (for example on an AI assistant’s own website, where it is already clear);
  • the system clearly assists a person (a declared “co-pilot”).

AI-generated content (deepfakes, images, text)

When content is created or manipulated by AI.

Images and video:

  • photos generated with tools such as Midjourney, DALL-E, Stable Diffusion;
  • deepfake videos (face swaps);
  • images manipulated with AI.

The obligation: a digital watermark or a visible label, such as “AI-generated image” or “Video manipulated with AI”.

Audio:

  • voices generated or cloned with AI;
  • music created by AI;
  • synthetic podcasts.

The obligation: an audio notice or accompanying text, such as “AI-generated voice”.

Text:

  • articles written by AI;
  • personalised automated emails;
  • reports generated by algorithms.

The obligation: the label “AI-generated content”, unless it is already obvious.

Exceptions:

  • AI used as creative assistance (editing, suggestions), when a person keeps final control;
  • AI content that is obvious by its nature (for example machine translation).

When it applies: enhanced transparency (Art. 50)

It concerns AI systems considered “high-risk” because of their impact on fundamental rights:

  • employment: HR systems for recruiting and assessing staff;
  • education: AI systems for assessing students;
  • finance: AI systems for granting credit.

Mandatory technical documentation

For every high-risk system, the provider must prepare documentation containing:

  • a general description of the system;
  • its intended purposes and context of use;
  • the algorithmic architecture;
  • the training data (origin, characteristics);
  • performance (accuracy, precision, recall);
  • known limitations;
  • residual risks;
  • bias-mitigation measures;
  • human oversight procedures;
  • cybersecurity measures.

Accessible documentation

  • Available on request to users and authorities.
  • In understandable language, not just technical.
  • Updated whenever the system changes.

The information on this page is for general guidance and is not a substitute for legal advice.