Must an AI caller say it is an AI?
In the EU, yes, from the first sentence, since 2 August 2026. In the UK there is no AI-specific rule yet, but misleading a consumer is still unlawful.
This is not legal advice
This guide quotes the law and the regulators’ own pages and says where they are silent. It cannot tell you whether your campaign is lawful: that depends on who you call, where your list came from and what you say. For a decision that matters, ask a solicitor (UK) or an advogado (Portugal). Every source below was read on 4 October 2026; laws and guidance change, so check the date before you rely on it.
The short answer
| Where | Must an AI caller say it is an AI? | Since |
|---|---|---|
| European Union (including Portugal) | Yes. People must be informed they are interacting with an AI system, unless it is obvious, at the latest at the first interaction (AI Act Article 50) | 2 August 2026 |
| United Kingdom | No specific law. General rules on misleading consumers still apply | n/a |
EU: AI Act Article 50
Article 50(1) of the AI Act (Regulation (EU) 2024/1689) says AI systems that interact directly with people must be designed so that the people concerned are “informed that they are interacting with an AI system, unless this is obvious”. Article 50(5) says the information must be “clear and distinguishable” and given “at the latest at the time of the first interaction”. Article 113 makes this apply from 2 August 2026.
The AI Act text published by the Commission’s AI Act Service Desk (consolidated to 27 July 2026) still applies Article 50 from 2 August 2026. The European Commission published guidelines on these transparency duties on 20 July 2026.
The duty sits on the provider of the AI system, the company that builds it. Breaches can be fined up to €15 million or 3% of worldwide turnover, whichever is higher; for small and medium businesses, whichever is lower (Article 99).
Portugal adds: say who you are and why you are calling
For calls to consumers, Decreto-Lei 134/2009 article 7.º requires the caller to identify itself, the business it calls for and the purpose of the call at the start, and to end the call politely if the person does not want to continue.
UK: no AI-specific rule, but do not mislead
We found no UK law in force on 4 October 2026 that requires a caller to say it is an AI. The Digital Markets, Competition and Consumers Act 2024 (in force for consumer protection since 6 April 2025) bans misleading actions and omissions towards consumers, and PECR requires the caller to give its name. Pretending to be a human to a consumer who asks is a risk under the misleading-practice rules.
An honest line costs nothing and avoids the question: if anyone asks, the agent says it is an AI, and it never claims to be a person.
Wording that meets the EU rule without killing the call
One sentence, at the start:
“Hi, this is Cass, the AI assistant for [your business]. I’m calling about [reason].”
“Olá, fala a Cass, a assistente de inteligência artificial da [empresa]. Estou a ligar por causa de [motivo].”
For an AI receptionist: “Good morning, [business], you’re speaking to the AI assistant. How can I help?”
Sources (read 4 October 2026)
- EU AI Act, Article 50 (AI Act Service Desk) (read 4 October 2026)
- EU AI Act, Article 113 (dates of application) (read 4 October 2026)
- EU AI Act, Article 99 (penalties) (read 4 October 2026)
- European Commission: guidelines on transparency obligations (20 July 2026) (read 4 October 2026)
- Decreto-Lei n.º 134/2009, consolidated (read 4 October 2026)
- Digital Markets, Competition and Consumers Act 2024, sections 226-227, legislation.gov.uk/ukpga/2024/13
- PECR 2003, regulation 24 (information to give) (read 4 October 2026)
Related guides
Frequently asked questions
When did the AI Act disclosure duty start?
Article 50 applies from 2 August 2026 (Article 113, in the consolidated text to 27 July 2026).
Does the UK require AI disclosure on calls?
Not by a specific law on 4 October 2026. General consumer protection law bans misleading practices, and PECR requires the caller to give its name.
What is the fine for breaking Article 50?
Up to €15 million or 3% of worldwide turnover, whichever is higher; for SMEs, whichever is lower (Article 99).