Since February 2025, the first prohibited AI practices of the EU AI Act are in force. Many founders and solopreneurs are unaware of this — or wonder: does this actually affect me?
The answer is yes. But the really important message follows right away.
Legal notice: This article is a personal summary of publicly available legislation, in particular Regulation (EU) 2024/1689. It does not constitute legal advice. For binding legal assessments, please consult a qualified legal professional. Current status: EUR-Lex.
Provider or Deployer — Which Role Do You Fall Into?
The law distinguishes two main roles:
AI providers (Providers) develop AI systems — for example OpenAI (ChatGPT), Anthropic (Claude) or Adobe (Firefly). As a founder or solopreneur, you are almost certainly not one of these.
AI deployers (Deployers) use finished AI systems for their business activities. If you use ChatGPT for texts, Canva AI for graphics or an AI tool for social media — then you are a deployer.
As a deployer, you have significantly fewer obligations than a provider. That is the really important message.
The EU AI Act evaluates AI applications by risk level. What matters is not just the tool itself, but above all the specific use case and context.
- Prohibited: Covert manipulation, social scoring, deliberate exploitation of vulnerabilities (e.g. towards children or elderly people)
- High-risk: AI systems for personnel decisions, credit assessment, medicine, critical infrastructure or biometric identification
- Limited risk: Systems with transparency obligations, e.g. chatbots or AI-generated content
- Minimal risk: Many everyday AI applications such as text assistance, AI image editing or spam filters
Important: The risk classification often depends on the specific use. A tool like ChatGPT can be minimal risk in marketing, but fall under stricter rules in an HR or credit assessment process.
Examples:
- ChatGPT for blog posts → usually minimal risk
- AI-assisted candidate assessment → potentially high-risk
- AI chatbots in customer service → transparency obligation (users must know they are interacting with AI)
Must I Label AI-Generated Content?
Normal marketing texts — social media posts, newsletters, blog articles — as a rule do not need to be labelled as “AI-generated”. An exception applies when content could be misleading — in that case, transparency may be required from a consumer protection perspective.
Deepfakes must be labelled. This applies to synthetic content that resembles real people, places or events — not just obvious depictions of people, but also realistic simulations.
Chatbots must make it recognisable to users that they are AI — for example through a clear notice in the interface or at the start of the interaction. No exact wording is prescribed; what matters is that the AI nature is clearly recognisable.
What you enter into an AI tool leaves your computer and is processed on the provider’s servers — often outside the EU. This has two consequences:
EU AI Act: No confidential business data (customer lists, contracts, employee data) unfiltered. Use anonymised examples or fictional data.
GDPR: If you process personal data with AI, this must be mentioned in your privacy policy. EU AI Act and GDPR apply simultaneously — one does not replace the other.
Checklist — What You Need to Do Now
These five points sound simple — but anyone who wants to implement them in a legally sound and traceable way will quickly realise: there are questions an article cannot answer.
How do I demonstrate AI competency when I work alone?
In the course AI Competency for Marketing we go through exactly that step by step — practical, without legal jargon, tailored to founders, solopreneurs and SMEs.
Key Deadlines
| Date | What applies |
|---|
| 2 February 2025 | Prohibited AI practices (Art. 5) — already in force |
| 2 August 2025 | AI competency obligation (Art. 4) — already in force |
| 2 August 2026 | High-risk AI systems (Annex I) |
Current status: EUR-Lex or your national supervisory authority
Conclusion
The EU AI Act is not a bureaucratic monster for founders, solopreneurs and SMEs. The core is manageable: no manipulation, label chatbots, no confidential data in AI tools — and be able to demonstrate basic AI knowledge.
Those who know this and implement it in a structured way are on the safe side.
Sources
This article was created with AI assistance and editorially revised.