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AI on the phone: what the AI Regulation and GDPR require

Anyone speaking with an AI must be told so. This obligation under Art. 50 of the AI Regulation applies from 2 August 2026. In addition, there are the information obligations of the GDPR.

By Christian Stephanides, Managing Director · As of 7 October 2026

The transparency obligation

Article 50 of the AI Regulation requires AI systems that interact directly with people to be designed so that people are informed that they are dealing with an AI, unless this is obvious from the circumstances. The rule applies from 2 August 2026.

For an AI phone, this means: the assistant says at the start that it is an AI. This is legally required and builds trust.

What the GDPR says

  • Callers must be told who processes their data, for what purpose and for how long (information obligation under Art. 13 GDPR).
  • If calls are recorded or transcribed, this requires a legal basis and a clear notice.
  • The provider of the speech technology processes data on your behalf; this requires a data processing agreement.

How we implement it

01Greeting“You are speaking with the AI assistant of …”
02Noticeshort privacy notice, details on the website
03Forwardingto a person immediately on request
04Noteonly what is necessary is stored

Important

This article is general information and not legal advice. For your deployment, we check the details with you and, where necessary, with your legal advisor.

Does this suit your business?

In the initial consultation we clarify it for your workflows, in person in Vienna or by screen share.