Chatbot disclosure laws: do you have to tell customers it is a bot?
Do you have to tell customers they are talking to a bot? What the EU AI Act, California's bot law and Maine's 2025 chatbot disclosure law say, who they cover, when they apply, and how a chat can say it plainly.
MagizAI Team8 min read
Sometimes, yes. Since 2 August 2026 the EU AI Act requires chatbots to be designed so people are told they are talking to an AI, unless that is obvious. In California and Maine, a business whose bot poses as a person to sell can break the law, unless the bot clearly says it is a bot.
Below is what each law says in its own words, who it covers and when it applies, as we read the official texts on 13 October 2026. Laws change, so check the link before you rely on a line here. This is not legal advice.
What the EU AI Act says about chatbots
The rule is Article 50(1) of Regulation (EU) 2024/1689, the AI Act:
“Providers shall ensure that AI systems intended to interact directly with natural persons are designed and developed in such a way that the natural persons concerned are informed that they are interacting with an AI system, unless this is obvious from the point of view of a natural person who is reasonably well-informed, observant and circumspect, taking into account the circumstances and the context of use.”
How and when people are told. Article 50(5) says this information “shall be provided to the natural persons concerned in a clear and distinguishable manner”, no later than their first interaction or exposure, and that it “shall conform to the applicable accessibility requirements”.
Who it covers. Paragraph 1 is addressed to providers. Article 3 defines a provider as a person or body “that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge”. A business using an AI system under its authority is a “deployer” in the Act's words. Article 2 applies the Act to providers placing AI systems on the EU market “irrespective of whether those providers are established or located within the Union or in a third country”, and to providers and deployers outside the EU “where the output produced by the AI system is used in the Union”.
When it applies. Article 113 says the Regulation “shall apply from 2 August 2026”, and Article 50 is not among its listed exceptions. The Digital Omnibus on AI, Regulation (EU) 2026/1744 of July 2026, moved several other dates. In Article 50 it rewrote paragraph 7. It also gave providers of generative AI systems placed on the market before 2 August 2026 until 2 December 2026 to meet paragraph 2. Paragraph 1 and its date stayed as they were.
California's bot disclosure law
California's rule is in Business and Professions Code sections 17940 to 17943, added in 2018 by SB 1001. Section 17941(a) reads:
“It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.”
Section 17941(b) adds that the disclosure “shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.”
Who it covers. Any “person”, which section 17940 defines widely, from an individual to a corporation, using a bot to talk to someone in California online. A bot is “an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.” Online means appearing on any public-facing website, web application or digital application.
When it applies. Since 1 July 2019, under section 17943.
California also has a newer law, SB 243, which since 1 January 2026 sets rules for “companion chatbots” in sections 22601 to 22606. Its definition leaves out “a bot that is used only for customer service, a business’ operational purposes, productivity and analysis related to source information, internal research, or technical assistance.”
Maine's chatbot disclosure law
Maine's 2025 law is Title 10, section 1500-DD of the Maine Revised Statutes. It was enacted as section 1500-Y by Public Law 2025, chapter 294 (LD 1727), and later renumbered. Subsection 2 reads:
“A person may not use an artificial intelligence chatbot or any other computer technology to engage in trade and commerce with a consumer in a manner that may mislead or deceive a reasonable consumer into believing that the consumer is engaging with a human being unless the consumer is notified in a clear and conspicuous manner that the consumer is not engaging with a human being.”
Who it covers. Anyone using a chatbot “or any other computer technology” in trade and commerce with a consumer. The law defines an artificial intelligence chatbot as “a software application, web interface or computer program that simulates human conversation and interaction through textual or aural communications.” Under subsection 3, a violation is a violation of the Maine Unfair Trade Practices Act.
When it applies. The Governor signed it on 12 June 2025, during the 132nd Legislature's First Special Session. The Legislature's website gives 24 September 2025 as the general effective date for that session's nonemergency laws.
Do I have to tell customers they are talking to a bot?
The three texts side by side:
| Law | Who it covers | What the text asks | Applies from |
|---|---|---|---|
| EU AI Act, Article 50(1) | Providers of AI systems that talk to people, including providers outside the EU when the output is used there | Design the system so people are informed it is AI, unless that is obvious, no later than their first interaction | 2 August 2026 |
| California, Business and Professions Code 17941 | Anyone using a bot to talk to people in California online | No bot used to mislead people about its artificial identity to drive a sale or a vote; a clear, conspicuous disclosure removes liability | 1 July 2019 |
| Maine, 10 MRSA 1500-DD | Anyone using a chatbot or other technology in trade with a consumer | No chatbot that may lead a reasonable consumer to think it is human, unless the consumer is clearly and conspicuously told | 24 September 2025 |
The common thread is the notice. Where these texts apply, a clear statement that the customer is talking to an AI is either what the law asks for or what keeps a business outside the rule. Other US states and other countries have their own rules, and this post covers only the texts above.
How a chat can say it is an AI, in plain words
None of these texts gives exact words to use. A notice does its job when a customer cannot miss it and understands it at once.
- Say it before the bot answers. A line under the bot's name in the chat header, or the opening sentence of the welcome message, is seen before anyone types.
- Use the plain word. “AI assistant” is clear. A first name on its own, or “virtual agent”, can read as a person.
- Take care with names and photos. A friendly name is fine, but beside a staff photo and with no label it is easy to mistake for a member of staff.
- Answer honestly when asked. If someone types “Am I talking to a real person?”, the reply should say it is an AI and offer a person.
- Use the customer's language. A notice in English tells an Arabic or French reader very little.
- Repeat it on every channel. A label in your website chat does not travel to WhatsApp or email, so those need the words in the messages themselves.
- Offer a way to a person. None of these texts requires it, but a notice reads better with a way out next to it.
A welcome message can do most of this in two sentences: “Hi, I'm the AI assistant for [your business]. I can answer questions about hours, prices and bookings, and you can ask for a person at any time.”
What a MagizAI chat window shows
By default, the header of the MagizAI chat window shows “AI assistant” under your chatbot's name, in the visitor's language, and the card design shows an “AI” badge beside the name instead. You can reword or hide either one in the chatbot's Design settings. Our AI Act page lists these defaults and suggests that, if you hide the label, you tell visitors another way, such as in the welcome message. A visitor who asks for a person is passed to your team in the inbox, within the working hours you set; the handoff guide shows how a person takes over.