The European Union finds itself in an awkward position: the AI Act imposes transparency obligations on synthetic content, but there isn't yet a shared and operational definition of “deepfake”. This regulatory gap directly impacts the retail sector, where the use of AI-generated images and videos is now standard practice. Zalando, for example, states that 90% of the marketing content on its platform is already AI-generated.
Eurocommerce — the trade association representing giants like Amazon, H&M, and IKEA — has formally requested an exemption for AI-generated advertisements from the transparency rules set by the AI Act. The argument is simple: an image of a virtual living room used to sell a sofa is not a deepfake. However, the distinction between synthetic content
The context: when regulations fail to keep up with technology
The European AI Act came into force in 2024. Its provisions on the transparency of synthetic content are being applied progressively. However, the regulatory text has a significant gap: it does not provide an operational and unambiguous definition of ‘deepfake’ applicable to the commercial context.
This ambiguity is not a technical detail. It is a structural problem. In fact, the distinction between manipulative content — intended to deceive — and an AI-generated image used for purely aesthetic and promotional purposes is not yet clearly defined by the regulation.
The topic has strongly emerged in recent weeks. The Decoder has documented Eurocommerce's position , the association representing Amazon, H&M, IKEA, and hundreds of other European retailers. The request is explicit: to exempt AI-generated ads from the transparency obligations set by the AI Act.
The numbers that matter: retail is already past the threshold
The most significant data comes from Zalando. 90% of the marketing content on the platform is already AI-generated. This isn't a marginal experiment. It's the operational norm for one of Europe's top digital retailers.
This figure puts the debate into perspective. We are not talking about an emerging phenomenon to be regulated in advance. We are talking about a reality that is already well-established, which regulations are struggling to address retroactively.
Moreover, the trend is set to accelerate. According to Gartner , by 2027 over 30% of marketing messages from large organizations will be synthetically generated. For retail, the percentage is already higher. Consequently, pressure on European lawmakers to clarify regulatory boundaries is bound to grow.
Moreover, the issue doesn't just affect major players. Italian SMEs using generative AI tools to produce product images, promotional videos, or social media content also find themselves technically in a gray area.
Eurocommerce's position: a defensible argument?
Eurocommerce argues that an AI-generated image of a living room — used to contextualize a sofa in e-commerce — is not a deepfake. The argument has its logic. A deepfake, in its original meaning, is content created to make something false seem real, often with manipulative or defamatory intent.
A photorealistic rendering of a home environment, however, fools no one about the nature of the product being sold. Therefore, applying the same disclosure obligations to both categories seems disproportionate.
However, the issue is not that simple. On the contrary, the dividing line between synthetic content
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