Digital Code, Chapter 23: AI interaction and deepfake disclosure duties
Digital Code, Law No. 178 (), in force , Chapter 23, Art. 197
In force since .
An AI transparency rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Place of effect
- Obligation class
- Disclosure, Content labelling
- Audit expectation
- none
What it requires
- An app that lets a natural person interact with an AI system must tell that person they are dealing with an AI system, unless the interaction is obviously with one.
- An app that uses an AI system to recognize a person's emotions or to classify a person by biometric characteristics must inform that person the system is being applied to them.
- An app that uses an AI system to create a deepfake must disclose that the material's origin or content was artificially produced or altered.
- These disclosure duties may be skipped only for a lawful defense, national-security or crime-prevention purpose, or, for the deepfake duty only, a lawful exercise of scientific, technical, artistic or educational freedom, and only with measures in place to protect the rights the disclosure would otherwise serve.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- NIST AI 600-1
- GAI-RISK-07Human-AI Configuration
- GAI-RISK-08Information Integrity
- OWASP Agentic Top 10
- ASI09Human-Agent Trust Exploitation
- MIT mitigations Draft
- NIST Privacy Framework
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
What it makes you log
Logging duty
Art. 197, read in full, is a set of disclosure duties (AI interaction, biometric/emotion-recognition classification, deepfake origin) with stated exemptions. No paragraph names a log, a record, an event-recording capability or an audit trail, and none requires demonstrating or producing on demand something only a record could show: each duty is satisfied by making the disclosure itself.
- Kind
- None
- As of
What this law does
Art. 197, read in full, requires an owner or user of an AI system who applies it to interact with natural-person consumers to inform them they are dealing with an AI system, unless that is obvious from context; a user of a system that recognizes emotion or classifies a person by biometric characteristics must inform that person the system is being applied to them; and a user who applies such a system to create deepfakes must disclose that the material's origin or content was artificially produced or altered.
The consumer-interaction and biometric-classification duties are excused where disclosure would defeat a lawful defense, national-security, or crime-prevention purpose, and the deepfake duty is separately excused for lawful use protecting those same interests or exercising freedom of scientific, technical, artistic or educational creation, each excused case still conditioned on measures protecting the rights the disclosure would otherwise serve.
When LexLint raises it
When your app profile says your app deploys a chatbot, processes biometric data, processes voice recordings or generates content with AI.
Back to the example · Lint your app
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