The European Union’s landmark AI Act has officially entered into force, and while the full scope of its rules won’t be in effect for a few years, it’s time for email and martech professionals to pay close attention. As the world’s first comprehensive AI regulation, this law is set to reshape the landscape for how technology is developed and used, with significant implications for how we engage with customers.
The new law introduces a tiered, risk-based approach to AI, with strict rules for “high-risk” systems—such as those used in hiring or credit—and lighter-touch obligations for others. For marketers, the most immediate impact comes from its transparency rules for AI-generated content. This means that if you’re using AI to create emails, images, or other content, you will need to disclose that it was artificially generated.
Key Takeaways for Email Marketers
Here’s a breakdown of the key provisions and a timeline to help you navigate compliance:
- Transparency is now a requirement: The Act mandates that AI-generated content be clearly and conspicuously disclosed. This applies to content like emails, images, audio, or video that are used to inform the public.
- High-risk systems: AI systems used in personalization, targeting, and profiling for marketing may be considered high-risk under certain conditions, and will therefore be subject to stricter rules. For example, AI used to evaluate a person’s creditworthiness or for social scoring is prohibited or highly regulated.
- A phased rollout: Full compliance is not required immediately. The AI Act is being rolled out in phases, with key deadlines over the next couple of years. The rules for general-purpose AI models and governance provisions will begin to apply on August 2, 2025. Most high-risk system obligations will take effect on August 2, 2026.
Wha you need to do
The EU AI Act is a global precedent-setter. Much like GDPR, its influence will likely extend beyond the EU’s borders. Even if you don’t operate directly in Europe, aligning with the Act’s principles now can position your brand as a leader in ethical AI and prepare you for similar regulations in other markets.
Our advice at emailexpert? Start preparing now. Review your current use of AI in email marketing. Work with your legal and compliance teams to determine if your tools and processes fall under the Act’s new rules. This is not just a regulatory hurdle but an opportunity to build greater customer trust through transparency and responsible AI use.
