Is a footer notice enough for Article 50?

What the law actually asks for

Article 50(1) of the EU AI Act says people interacting with an AI system should be told so, unless it is obvious from the context. Article 50(5) adds how: the information must be clear and distinguishable, given at the latest at the time of the first interaction, and meet applicable accessibility requirements.

The regulation doesn't list approved locations. The test is practical: would a typical visitor see and understand the notice before or when they start talking to the AI?

Why a footer is a weak fit

A footer sits at the bottom of the page. A chat bubble usually sits in the corner and opens over the page. Someone can open the chat, ask a question and get an AI answer without ever seeing the footer. That's hard to square with 'at the latest at the first interaction'.

A footer notice also often appears on every page in small, low-contrast text - the opposite of 'clear and distinguishable'.

Where the notice works best

In the chat's first message: "Hi, you're chatting with an AI assistant." This is the strongest option, because it is part of the interaction itself.

In the chat header or label: many tools (Intercom's AI Agent label, Tidio's widget header) let you show it permanently while the AI is replying.

In the footer, as a back-up: fine to add, useful for visitors who look for it - just not as your only notice.

Who has to do this

Article 50(1) puts the duty on the provider - the company that develops the AI system and offers it under its own name. If you built your own chatbot, that is likely you. If you use a chat tool, it's the vendor's duty, but the text visitors see is usually in your settings, so it's worth checking.