{"id":32836,"date":"2026-07-24T08:00:00","date_gmt":"2026-07-24T06:00:00","guid":{"rendered":"https:\/\/pegamento.nl\/niet-gecategoriseerd\/what-does-the-ai-act-say-about-the-use-of-chatbots-in-customer-service\/"},"modified":"2026-07-24T10:00:48","modified_gmt":"2026-07-24T08:00:48","slug":"what-does-the-ai-act-say-about-the-use-of-chatbots-in-customer-service","status":"publish","type":"post","link":"https:\/\/pegamento.nl\/en\/contact-center\/what-does-the-ai-act-say-about-the-use-of-chatbots-in-customer-service\/","title":{"rendered":"What does the AI Act say about the use of chatbots in customer service?"},"content":{"rendered":"

The EU AI Act imposes specific obligations on companies that use an AI chatbot<\/a> in their customer service, but the extent of these obligations depends on the chatbot\u2019s risk level. For most customer service chatbots, the primary requirements are transparency obligations: users must be aware that they are communicating with an AI. Below, we answer the most frequently asked questions about what the AI Act specifically means for your organization. <\/p>\n

What obligations does the AI Act impose on companies that use chatbots?<\/h2>\n

The AI Act imposes at least a transparency requirement on companies that use an AI chatbot: users must always know that they are communicating with an AI system and not with a human. Depending on the chatbot\u2019s risk level, additional, more stringent obligations may apply, such as risk management, technical documentation, and human oversight. <\/p>\n

As a deployer\u2014the party that deploys an AI system under its own responsibility\u2014you are required to use the system as intended by the provider. Furthermore, you must assign human oversight to competent and trained employees, retain logs for at least six months, and inform your employees before the system is put into use. This is outlined in Article 26 of the regulation. <\/p>\n

Important to know: If you modify an existing AI system so significantly that it is given a new purpose, or if you put your own name on the system, you legally become the provider yourself. This entails significantly more stringent obligations, such as preparing technical documentation, conducting a conformity assessment, and affixing a CE marking. <\/p>\n

What risk level will customer service chatbots be assigned under the AI Act?<\/h2>\n

Most customer service chatbots fall under the \u201climited risk\u201d<\/strong> category in the AI Act. This means they are not prohibited and do not have to meet the strict requirements for high-risk AI, but they are subject to less stringent transparency obligations. Only chatbots that make decisions regarding access to essential services, such as credit or insurance, are classified as high-risk. <\/p>\n

The AI Act distinguishes four risk levels: unacceptable risk (prohibited), high risk (strictly regulated), limited risk (transparency requirements), and minimal risk (virtually unregulated). A standard chatbot that answers questions, refers customers, or provides information typically falls into the limited-risk category. <\/p>\n

Please note: as soon as a chatbot performs profiling of individual customers, it is automatically considered high-risk. This also applies if the chatbot plays a role in decisions regarding access to services deemed essential, such as emergency calls or insurance. In such cases, all high-risk obligations apply, including a risk management system, technical documentation, and a conformity assessment. <\/p>\n

What is the transparency requirement for chatbots, and how does it work in practice?<\/h2>\n

The transparency requirement means that you must clearly and promptly<\/strong> inform users that they are interacting with an AI system, not a human. This must be done at the start of the interaction, so that the user can make an informed decision about how to proceed. You may not hide this information in fine print or somewhere at the bottom of a page. <\/p>\n

In practice, this means that your chatbot must explicitly state at the start of a conversation that it is an AI. A message such as “You are now chatting with our virtual assistant” or “This is an automated AI chatbot” meets the requirements. The message must be understandable to the average user, so avoid technical jargon. <\/p>\n

There is one exception: if the user has specifically requested that an AI be used, or if its use is self-evident to the user, the requirement for explicit notification does not apply. In most customer service environments, however, that clarity is not self-evident, so an explicit notification is the safest approach. <\/p>\n

Does the AI Act also apply to chatbots that are already in use?<\/h2>\n

Yes, the AI Act also applies to existing AI chatbots, but there is a transition period. Systems that were already on the market before August 2, 2025, do not have to be fully compliant until August 2, 2027, at the latest. However, the transparency requirement and the prohibited practices will take effect in August 2025 and February 2025, respectively. <\/p>\n

This means you need to take action now, even if your chatbot has been up and running for years. The first step is to take stock of all AI systems within your organization and determine what role you play in them: are you a deployer, provider, importer, or distributor? Next, assess the risk level for each system and identify the resulting obligations. <\/p>\n

Organizations would be wise to maintain an internal AI registry. In it, you document which systems you use, what their purpose is, who is responsible for oversight, and when the relevant compliance deadlines apply. This registry will also help you respond to any questions from regulators. <\/p>\n

What are the consequences if an organization fails to comply with the AI Act?<\/h2>\n

Failure to comply with the AI Act may result in substantial fines. The amount depends on the type of violation: violations of prohibited practices may result in fines of up to 35 million euros or 7% of global annual revenue, whichever is higher. Non-compliance with other obligations can result in fines of up to 15 million euros or 3%. <\/p>\n

In addition to financial penalties, there are also reputational risks. Organizations that violate the rules risk negative publicity and a loss of customer trust. Especially in customer service, where trust is paramount, this can have far-reaching consequences for customer retention. <\/p>\n

Enforcement is carried out by national market surveillance authorities. In January 2026, Finland became the first Member State to formally grant enforcement powers. Other EU countries are following suit, which means that enforcement is becoming increasingly concrete and closer to home. For SMEs, incidentally, the lower of the fixed amount or the percentage always applies, which offers some protection for smaller organizations. <\/p>\n

How do you prepare a customer service chatbot for AI Act compliance?<\/h2>\n

To prepare a customer service chatbot for AI Act compliance, first determine the risk level, then identify the corresponding obligations, and finally implement specific measures. Start with an AI assessment, conduct a risk analysis, and ensure that the transparency requirement is addressed immediately, as it is already in effect. <\/p>\n

A practical approach consists of the following steps:<\/p>\n