Gamma Under the EU AI Act: Minimal-Risk, with an Article 50 Edge
Gamma's AI deck and document generation is minimal-risk under the EU AI Act. Publish externally and Article 50 content marking applies from 2 Dec 2026.
Gamma generates presentations, documents and web pages from prompts. Under the EU AI Act, Regulation (EU) 2024/1689, creating a deck is not an Annex III use, so Gamma is a minimal-risk classification. The one duty to keep in view is Article 50: Gamma produces synthetic content, and if you publish that content externally, the transparency rules apply — with the content-marking deadline of 2 December 2026.
Why it is minimal-risk
Article 6(2) makes a system high-risk only where its purpose sits in Annex III. Producing slides, internal documents or draft pages is none of those, so Gamma is minimal-risk with no high-risk obligations. Internally — pitch decks, team documents — there is little more than Article 4 AI literacy to consider.
The Article 50 edge for published content
The picture changes when AI-generated output goes to the public. Article 50(2) requires providers of generative systems to mark synthetic content in a machine-readable way; Article 50(4) requires deployers to disclose AI-generated content published to inform the public, and deepfake material. If you publish Gamma-generated pages or media externally, plan the disclosure and keep any provenance marking intact. The content-marking and watermarking obligations apply from 2 December 2026; most other Article 50 duties from 2 August 2026. Internal decks do not trigger this.
Provider or deployer?
You are a deployer under Article 26; Gamma is the provider and carries the Article 50(2) provider-side marking and the GPAI obligations for its underlying model. Your duty is the Article 50(4) disclosure for what you publish. Building your own generative feature on Gamma under your own name could make you a provider under Article 25.
Timeline and penalties
Article 4 literacy and Article 5 prohibitions in force since 2 February 2025; GPAI since 2 August 2025; most Article 50 from 2 August 2026; content-marking from 2 December 2026. High-risk Annex III dates are largely irrelevant, since deck generation is not an Annex III use. Penalties: Article 50 breaches sit in the €15 million or 3% tier (Article 99(4)); prohibited practices €35 million or 7% (99(3)); the Article 99(6) SME cap applies.
Worked example: a 35-person agency
Lumen Studio, a 35-person agency, uses Gamma to draft client pitch decks and some public landing pages. The internal decks are minimal-risk. The public landing pages carry Article 50(4) disclosure for AI-generated content and, from 2 December 2026, content marking under 50(2). Lumen adds a standard AI-content note to published pages and keeps Gamma's provenance metadata intact on export.
How Confir helps
Confir registers Gamma as a minimal-risk generative tool whose live obligation is Article 50 for published content, and maps the 2 December 2026 marking deadline to how you publish. It separates Gamma's provider-side marking from your deployer disclosure duty. The engine is deterministic and rule-based.
Frequently asked questions
Is Gamma high-risk under the EU AI Act?
No. Generating decks, documents and pages is not an Annex III use, so Gamma is minimal-risk. Its relevant duty is Article 50 transparency for synthetic content you publish externally, not a high-risk obligation.
When do we have to label AI-generated content from Gamma?
The content-marking and watermarking obligations under Article 50(2) apply from 2 December 2026, and the deployer disclosure for published AI-generated or deepfake content under Article 50(4) applies to what you publish. Internal decks do not require this.
Does internal use of Gamma create obligations?
Little beyond Article 4 AI literacy. Internal pitch decks and documents are minimal-risk with nothing to disclose under Article 50, which is about content shown to people outside the organisation.
Who marks Gamma's output — Gamma or us?
Gamma, as provider, carries the Article 50(2) machine-readable marking duty. You, as deployer, carry the Article 50(4) disclosure for deepfake or published AI content. Building your own feature on Gamma under your name could shift the marking duty to you under Article 25.
What is the penalty for getting disclosure wrong?
Article 50 transparency breaches fall in the Article 99(4) tier — up to €15 million or 3% of worldwide turnover. SMEs and start-ups are capped at the lower of the percentage or fixed amount under Article 99(6).
Related guides
- Article 50 transparency obligations
- Is Adobe Firefly high-risk under the EU AI Act?
- Deepfake, defined
- How AI risk classification works
- Build your AI system inventory
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