GERMAN & EUROPEAN LAW · ADVICE IN ENGLISHHANOVER / GERMANY / CROSS-BORDER

Deepfakes, synthetic media & transparency

Synthetic audio, images and video can engage personality rights, copyright, misleading-advertising rules and AI transparency duties at the same time. Disclosure does not itself authorise use of a person’s likeness or another party’s protected material. Article 50 of the AI Act distinguishes provider and deployer duties, with qualifications for certain editorial, artistic and other contexts that must be checked against the proposed use.

How we approach the matter

We review the origin of the material, the rights obtained, the intended audience and the way a disclosure is presented. Digital-replica agreements should define uses, duration, approval and withdrawal or termination consequences. Where impersonation occurs, preservation of evidence and coordinated notices to platforms, hosts and other relevant parties can be more effective than a generic complaint.

From classification to operational controls

Describe the actual use case before selecting a compliance checklist: the inputs, outputs, decision-making process and affected people all matter. A supplier’s product category does not settle the customer’s legal role. Allocate responsibility for documentation, human review, transparency and incident escalation. Data protection, confidentiality, copyright and sector-specific rules continue to apply alongside the AI Act.

Procurement, change and evidence

Contracts should secure the information and assistance needed to operate the system lawfully. Assess how model updates, new data sources or a change of purpose will be reviewed. Keep a record of the approved use, limitations and relevant tests; this is more useful than a general statement that the product is compliant. If a concern arises, preserve the configuration and relevant input-output examples, subject to appropriate confidentiality and personal-data safeguards.

Four practical examples

The following scenarios illustrate typical legal questions. They are not descriptions of client mandates or promised outcomes.

Synthetic spokesperson

A company creates a digital version of an employee for product videos. We address consent, employment context, permitted uses and what happens after departure.

Fraudulent voice

A cloned executive voice is used in a scam. We help preserve evidence and assess platform, civil and criminal response routes.

Labelled campaign

An agency proposes an AI-generated promotional video. We check disclosure duties and rights clearance separately before launch.

Editorial illustration

A publisher uses manipulated imagery to illustrate a public-interest article. We review transparency, editorial control and the risk of misleading readers.

Preparing your enquiry

A short description of the project or dispute, the parties involved, relevant countries and any deadline helps us identify the next step. Preserve the relevant contract, publication or technical records. Please avoid sending highly sensitive material until a suitable communication channel has been agreed.

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