Article 50 Check · by Ninth Harbor

What evidence should I keep?

A short, concrete checklist

The standard to aim for is simple to state: if a national authority asked today, could you hand over dated evidence — disclosure screenshots, marking configuration, human-review records, a written policy?

For the chatbot disclosure duty: keep dated screenshots of each surface where a disclosure appears — the persistent badge, the first-message notice, and the voice opening line if you run a phone channel. Take a fresh one whenever you redesign the interface, since redesigns are a common way disclosures quietly disappear.

For the generative-system marking duty, if it applies to you: keep written confirmation of exactly what marking your upstream model provider embeds, plus your own verification that it survives your pipeline (export, resize, compression, and format conversion are common places marking gets silently stripped). Document your technical-feasibility assessment — what you tried, what you use, and why — not just the tools themselves.

For the editorial exception on AI-text labelling, if you rely on it: document the actual review workflow — who reviewed which pieces, and when — and make sure a named person or entity's editorial responsibility is identifiable (an imprint or colophon), not just asserted internally.

More generally: a written internal policy describing your approach, and an ongoing evidence log rather than a one-time exercise, puts you in a genuinely defensible position. This is exactly what the kit's policy template and evidence log are built to hold — the free check and this generator get you the disclosure text; the evidence trail is the part that needs an ongoing habit, not a one-time fix.

One more item worth logging even though it's optional: whether you assessed, and decided on, signing the voluntary Code of Practice on Transparency of AI-Generated Content. Signing isn't a legal requirement or a shield against liability, but recording that you considered it — and why you decided as you did — is a small, cheap addition to an evidence log you're already keeping.

Not sure how this applies to your specific setup? The free 2-minute check tells you which of the four Article 50 duty areas likely apply to your company — no email required.

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