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Briefing1 April 2026

The TDM opt-out — what every operator must do now

UK DUA Act 2025, EU AI Act Article 53, four-field minimum declaration, legal weight of machine-readable signals. A three-page briefing for senior decision-makers.

The TDM opt-out — what every operator must do now

Executive Briefing 01 · 3 pages · Updated April 2026

The situation

UK and EU law now provides creators with a statutory mechanism to prohibit AI training on their content. The UK Data (Use and Access) Act 2025 and EU AI Act Article 53 both recognise machine-readable opt-out signals. AI operators that ingest content carrying these signals without separate written consent are in breach.

What you need to do

Publish a cip.md file at the root of every domain where your content is hosted. The minimum viable declaration requires four fields:

  • CIP-Operator-Name: Your legal entity name
  • CIP-Training-Ingestion: Prohibited
  • CIP-Spec-Version: v3.24
  • CIP-Declaration-Date: [today's date in ISO 8601]

This four-field declaration meets the machine-readable requirement under both the UK DUA Act 2025 and EU AI Act Article 53. It can be generated in under five minutes using the CIP Preview Generator at creativeip.org/generator/preview.

Legal weight

A correctly formatted machine-readable TDM opt-out creates a legally recognised signal that removes any implied-licence defence available to AI operators. Under UK law, it engages the opt-out provision of the DUA Act 2025 statutory exception. Under EU law, it satisfies the rights-reservation requirement of the Copyright Directive as read with AI Act Article 53.

US operators should treat the opt-out as contractually binding. While no US statute specifically recognises TDM opt-outs, the declaration establishes clear notice that may affect fair use analysis under the fourth factor (effect on the market for the original).