No, and this is one of the genuinely reassuring answers on this site. The Commission's draft guidelines place human agent-assist outside the Article 50(1) chatbot disclosure duty: where AI drafts a reply but a human reviews and sends it, the user is interacting with a human using a tool, not with an AI system. Only fully automated responses trigger the duty.
That covers the suggested-reply features in support desks (Zendesk-style suggested macros, Intercom reply suggestions, Shopify Inbox suggested replies, Gmail smart compose in a support workflow), provided the human in the loop is real. The agent reads the suggestion, decides, possibly edits, and sends. The human is answerable for the message; the AI just saved typing.
The line to watch is operational drift. Configurations slide: "agent reviews each reply" becomes "agent approves in bulk" becomes "auto-send with spot checks." The legal analysis slides with it. Auto-sent replies, even from a system that was assist-only last quarter, are automated interaction, and the disclosure duty applies to them. If a human isn't actually reading each message before it goes out, you're not in the agent-assist category anymore, whatever the feature is called.
A second drift to watch: the same platforms usually offer a bot mode for after-hours or triage. The bot messages need the AI notice even if daytime traffic is all human-sent. Apply the analysis per flow, not per platform.
What to keep on file: a short dated note of which flows are human-sent versus automated, and where the disclosure appears on the automated ones. If you rely on the agent-assist position, the note documenting that humans actually review and send is the evidence that makes the position stick. A related point for content workflows: genuine human review also matters for the separate AI-text labelling exemption, with its own two-condition test.
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