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ChatGPT & GDPR: How to use AI in your company in a legally compliant manner
AI tools such as ChatGPT have arrived in everyday working life. But anyone who enters personal data without clarifying the framework conditions risks GDPR violations.
Is ChatGPT GDPR-compliant - yes or no?
Generally speaking, no; but in this specific case, yes: it depends on the data you enter, the tariff you’re on, and whether you have an AV contract.
OpenAI offers a data processing agreement for businesses (Team/Enterprise/API) and options to exclude certain data from training. This allows ChatGPT to be used in compliance with data protection regulations – unlike the uncontrolled use of private free accounts.
It all depends on the version
The free consumer version is risky in a business context: it does not come with an antivirus licence and uses input training (unless this has been disabled).
- Free/Personal: no AV contract – not suitable for personal data.
- Team/Enterprise/API: AV contract possible, training disabled by default.
Clear rules for your team
The biggest risk factor is the input: customer names, email addresses or contract details have no place in prompts until the context has been clarified.
Draw up a brief AI policy: permitted tools, which data is allowed or prohibited, and the requirement to anonymise data. This will help prevent accidental breaches.
Conclusion
ChatGPT can be used in a business setting – provided you have the right version, an AV contract and clear input guidelines.
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FAQ
Can I use ChatGPT in the company?
Yes, with a business plan (Team/Enterprise/API), an AV agreement with OpenAI, and clear rules on what data may be entered.
Is the free version GDPR-compliant?
This does not usually apply to personal data – there is no data processing agreement, and the data entered may be used for training purposes.
Can I enter customer data in ChatGPT?
Only once the legal framework has been clarified (employment contract, training programme) – it is better to anonymise personal data beforehand.