No. The Commission's draft Article 50 Guidelines explicitly list burying the disclosure in terms & conditions or general documentation as insufficient on its own to satisfy the chatbot disclosure duty.
The same list of insufficient approaches also includes machine-readable-only marks with no human-visible signal, and an audio earcon alone (a tone or sound with no accompanying statement). The common thread: none of these puts the AI notice where a person will actually see or hear it, at the moment it matters — the start of the interaction.
What does satisfy the duty: a first-turn written notice, a persistent badge near the chat interface, a spoken statement at the start of a voice call, or a combination of these across channels. All of these put the disclosure directly in the interaction itself, not in a separate document the user has to go looking for.
This is one of the cheapest and easiest gaps to close, and one of the easiest for an outside observer — or a regulator — to check: does a notice appear before or with the AI's first message, inside the interface, not just somewhere in a linked legal page? If the honest answer is no, that's a real gap, not a technicality.
If you need exact wording, the free disclosure generator produces paste-ready first-message and badge text in English, German, and French, based on the Commission's example wording in the draft guidelines.
The underlying logic is worth internalizing rather than just the rule: the guidelines test what a person would actually encounter in the interaction, not what's technically retrievable somewhere on your site. A disclosure that's legally "available" but practically invisible to the person you're supposed to be informing doesn't do the job the duty exists for — which is exactly why T&Cs, on their own, don't count.
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