Legislation in plain language
The EU AI Act for Belgian SMEs
Do you have AI answering your phone, WhatsApp or website chat? Since 2 August 2026 legal obligations apply. They are not complicated: your customer must know they are talking to an AI, generated audio must be recognisable as artificial, and call recording requires extra care in Belgium. On this page the AskHannah team explains what applies, without legal jargon and without threatening fines.
This page is an informative summary, not legal advice. Unsure about your situation? Request the free check below.
What applies from when
The AI Act is phased in. These are the dates that matter.
1 August 2024
The AI Act enters into force.
2 February 2025
Prohibited AI practices and the AI literacy obligation start applying.
2 August 2025
Obligations for general purpose AI models, governance and penalties.
2 August 2026
Article 50, the transparency obligations, becomes applicable.
2 December 2026
End of the transition period for machine readable marking of synthetic audio for systems already placed on the market before 2 August 2026.
2 December 2027
Obligations for high risk AI systems.
What article 50 means in practice for your phone line
The caller knows immediately they are talking to AI
At the first interaction it must be clear that the counterpart is an AI system, not a human. One short sentence in the greeting is enough.
Generated audio is marked machine readable
Synthetic speech must be recognisable to machines as artificially generated, for example through a watermark or metadata in the audio stream.
The notice is clear and distinguishable
The information must be understandable, not hidden in fine print or rushed, and given no later than the first interaction.
Call recording in Belgium: what is allowed
Separate from the AI Act, Belgian telecom law applies. Under article 124 of the Electronic Communications Act, recording a conversation is in principle prohibited without the consent of everyone involved.
- Recording without the consent of all participants is prohibited.
- An exception exists for quality control and training, provided both the customer and the employee are clearly informed in advance.
- Set an explicit retention period and delete recordings automatically afterwards.
- Document purpose, legal basis, retention period and access in your record of processing activities.
More guidance from the Belgian Data Protection Authority on professional phone calls
How AskHannah solves this by default
AI transparency built in
Every AI employee the AskHannah team builds states at the first interaction that the customer is talking to an AI, across phone, WhatsApp and chat.
Data on European servers
The brain, logs, transcripts and customer data stay on European servers.
ISO 27001 and ISO 9001
Our operations are built around recognised standards for information security and quality management.
Standard data processing agreement
You receive a processing agreement at onboarding, with clear arrangements on retention and access.
Free AI Act check for your existing bot
Already running AI on your phone or chat, with any provider? The AskHannah team reviews your setup free of charge and without obligation, and tells you where transparency rules are not yet met. You get feedback within two working days.
Frequently asked questions about the AI Act
Do I have to say that my phone is answered by AI?
Yes. Since 2 August 2026 it must be clear at the first interaction that the caller is speaking to an AI system. One short sentence in the greeting is enough, as long as it is clear.
Am I allowed to record calls?
In Belgium, recording without the consent of everyone involved is in principle prohibited under article 124 of the Electronic Communications Act. An exception exists for quality control, provided customer and employee are informed in advance and an explicit retention period applies.
What do I risk if I do nothing?
The transparency obligation is enforceable and regulators can act. More importantly for most business owners: customers who feel poorly informed drop off. The change itself is small and quick to implement.
Does this also apply to a chatbot on my website?
Yes. Article 50 covers AI systems that interact directly with people, regardless of channel: phone, WhatsApp, Instagram, Messenger and website chat.
Does the AI Act apply to small businesses too?
Yes. Obligations depend on how AI is used, not on company size. For an SME with AI on the phone this mainly means the transparency rules of article 50.
What is machine readable marking of synthetic audio?
A technical signal, such as a watermark or metadata, that lets software recognise the audio was generated by AI. For systems already on the market before 2 August 2026 the transition period runs until 2 December 2026.
Is my AI phone line a high risk system?
Usually not. AI that answers calls and books appointments falls under the transparency obligations, not the high risk category, which applies from 2 December 2027.
Where does AskHannah store the data?
On European servers. The brain, logs, transcripts and customer data stay in Europe, and a data processing agreement is provided at onboarding.