In short
- Yes. Since 2 August 2026 the AI Act requires systems that talk to people to make clear they are an AI, unless that is obvious.
- Breaching the AI Act transparency rules can cost up to €15 million or 3% of worldwide annual turnover.
- One sentence at the start of the call and an honest answer to “Are you a robot?” are enough.
- Call recording must be announced too: the GDPR requires saying who processes the data and why.
Short answer: yes, an AI assistant has to say it is an AI. Since 2 August 2026, Article 50 of the EU AI Act applies: systems that interact with people must be built so that people know they are dealing with an AI, unless that is obvious from the situation. On a phone call it is almost never obvious — a modern synthetic voice is easy to mistake for a person.
Below: what the law requires, how it sounds in a real call, how to announce recording and what to do with customer data.
What the AI Act requires
Article 50 obliges providers of AI systems intended to interact directly with people to design them so that people are informed they are interacting with an AI. The exception is when this is obvious to a reasonably well-informed, observant person given the circumstances. The rule applies from 2 August 2026.
For breaches of the transparency obligations, Article 99 sets fines of up to €15 million or up to 3% of the company’s worldwide annual turnover, whichever is higher. And beyond the law, honesty keeps trust: a customer who finds out they were “fooled” rarely comes back.
How it sounds in a call
No long disclaimers needed. One sentence in the greeting and an honest answer when asked are enough.
- Inbound call: “Bright Smile Dental, good afternoon! I’m the clinic’s virtual assistant. How can I help?”
- Outbound call: “Good afternoon! My name is Sofia, I’m an AI assistant calling from… Do you have a minute?”
- When asked “Are you a robot?”: “Yes, I’m an AI assistant. I can answer your question or put you through to a colleague.”
What matters is that the assistant never denies being an AI and can always hand the call to a person. Then the caller chooses whom to talk to.
Do callers hang up when they hear “AI”?
What annoys people is not the AI itself but button menus, hold music and answers that miss the point. If the assistant gives the price, a free slot and books right away, the call is useful — and the caller stays on. So the goal is not to hide the AI but to make it useful: it should know your prices, hours and rules.
Call recording: what to announce
Recording and transcribing a call is processing personal data. Under Article 13 GDPR you must tell people who processes their data, for what purpose and on what legal basis, and who receives it. In practice:
- a short line at the start: “this call is recorded for quality purposes”;
- the full details in the privacy policy on your website: who you are, why you record, how long you keep it, whom you share it with;
- deleting a recording when the customer asks — their right under Article 17 GDPR.
Where the data lives
Ask your AI assistant provider three things: where the server runs, who processes voice and text, and how long recordings are kept. Our platform and call log run on a server in the EU. Voice and AI processing is done by providers working under the GDPR and data processing agreements. We keep as little data as possible and delete recordings on request.
A checklist for your business
- The assistant introduces itself as an AI in the greeting, or at the very least answers honestly when asked.
- The start of the call mentions recording.
- Your privacy policy covers calls and recordings.
- Hand-off to a person always works: “put me through to someone”.
- Recordings are deleted on request and a retention period is set.
- For outbound calls to consumers you have their consent, and a stop list applies to every campaign.
This is a general overview, not legal advice: check the rules for your country separately.
FAQ
Does an AI assistant have to say it is not a human?
In the EU, yes — since 2 August 2026 under Article 50 of the AI Act, unless it is obvious from the circumstances that it is an AI. On phone calls that almost always means saying so.
What is the fine if the AI does not disclose itself?
For breaches of the transparency obligations the AI Act sets fines of up to €15 million or up to 3% of worldwide annual turnover, whichever is higher.
How should the assistant tell the caller?
One sentence in the greeting is enough: “I’m the company’s virtual assistant.” If the caller asks “Are you a robot?”, it should answer honestly and offer to connect them with a person.
Do I need to announce call recording?
Yes. Recording is processing personal data, so callers must be told who records and why, with the full details in your privacy policy.