Artificial intelligence (AI) has become an integral part of modern business – from automation and customer interaction to personalized marketing. But with increased usage comes greater regulatory pressure. The AI Act, the world’s first comprehensive EU regulation on AI, aims to ensure transparency, fairness, and safety – setting a new international standard. Companies must now ask themselves: Do our AI applications comply with the new regulatory requirements?

When Does the AI Act Apply?

The AI Act was adopted on August 1, 2024. Its implementation will take place in stages:

• From February 2, 2025: Ban on particularly high-risk AI systems (e.g., social scoring).

• From August 2025: Transparency obligations for limited-risk AI (e.g., labeling of AI-generated content).

• From 2026/2027: Stricter rules for high-risk AI systems.

Companies that fail to comply risk severe fines[1]. Early action is therefore essential.

Which AI Applications Are Affected?

Many companies already use AI for lead generation, personalized advertising, or chatbots. AI-generated content – using tools like ChatGPT or Google Gemini – as well as automated decision-making in sales also fall under the scope of the AI Act. The regulation applies to all AI systems used or sold in the EU, regardless of where they were developed.

The goal is to ensure that AI is:

• Reliable (technically robust and traceable),

• Fair (free from discrimination), and

• Transparent (clearly recognizable to users).

Key AI Rules for Marketing and Sales

One of the core principles of the AI Act is transparency: AI-generated content must be labeled as such if it is realistic enough to potentially deceive users (e.g., deepfakes, synthetic voices).
Companies must also disclose when AI directly interacts with customers – for instance, via chatbots or automated sales conversations.

Data quality and fairness are equally important. AI systems must be trained with complete, up-to-date, and representative data to avoid errors or bias. Algorithms must be designed to prevent discriminatory decisions.

High-risk AI includes systems that autonomously make business-critical decisions, such as those involving financing, credit approvals, or personalized pricing – especially if no human oversight is involved. Examples include:

• Predictive analytics: Forecasts future customer behavior based on past data and can influence creditworthiness or contract terms.

• Automated customer segmentation: Generates offers or prices based on personal attributes like purchase history, location, or credit score.

If such applications lack fairness, data quality, or transparency, certain customer groups may be unfairly disadvantaged – for example, through biased pricing or discriminatory offers.

Banned AI Practices

Certain AI systems are strictly prohibited if they manipulate, discriminate against, or infringe on users’ privacy. These include:

• Misuse of personal data: AI may not process sensitive data (e.g., ethnicity, political views, financial status) without explicit consent.

• Manipulative practices in sales & marketing: AI must not exploit psychological vulnerabilities – such as targeting individuals with overpriced or unnecessary products at moments of emotional weakness. A common example: dark patterns that pressure users into making purchases, like algorithmically timed “Only available today!” offers.

• Discrimination & undue influence: AI must not systematically disadvantage specific groups – for instance, through unfair credit or pricing decisions based on gender, origin, or place of residence.

What Should Companies Do Now?

To comply with the AI Act, companies should take the following steps:

• Audit AI systems: Identify all AI systems currently in use and assess whether they meet the new requirements. Key questions include: Are we using AI in marketing or sales? Does our AI interact directly with customers? Does our AI generate content?

• Understand regulatory requirements: Classify each AI system according to the AI Act’s risk categories. Common marketing tools such as personalized ads (e.g., Google Ads, Meta Ads), email automation, or content generation are considered low risk – as long as they are not manipulative or discriminatory. These cases are subject to transparency and documentation obligations rather than outright bans. However, customer service chatbots must clearly disclose their AI nature – for example, by stating “I am an AI-powered assistant.”

• Optimize data strategy: Ensure AI systems are trained on diverse, current customer data to deliver fair and reliable outcomes. This includes regularly testing models for unintended bias and using varied data sources to ensure all target audiences are equally addressed.

• Ensure compliance: Work closely with legal and IT teams to identify and mitigate risks early.

By taking action early, companies can avoid legal issues and build customer trust.

Take Action Now to Stay Future-Proof

The AI Act brings tangible changes for marketing and sales: transparency, fairness, and responsible AI usage are no longer optional. Companies that act proactively not only safeguard their compliance – they also strengthen their customer relationships.

ALEX & GROSS supports businesses in leveraging intelligent AI solutions for marketing and sales to drive sustainable success. With EVERLEAD, we offer an innovative platform that provides smart features for lead scoring, customer analytics, and automation – all powered by artificial intelligence.

Companies that move early not only meet compliance requirements but also gain a long-term competitive advantage.

[1] Bußgelder im AI-Act: Überblick über die KI-VO-Sanktionen