How to ensure GDPR compliance when using AI tools
Generative AI tools like ChatGPT can accelerate growth, but if you’re not careful, they can also accelerate risk. For businesses subject to GDPR, especially those in e-commerce, customer service, or marketing automation, the challenge isn’t just about what these tools can do, but how they do it.
Can you really trust ChatGPT with customer data? Does Claude meet GDPR’s transparency requirements? What happens if Gemini or Perplexity logs personal data for model improvement?
To use these tools responsibly, you need more than a privacy policy. You require a clear strategy for compliance — one that ensures personal data is processed lawfully, transparently, and with user consent at every step. However, before delving into our breakdown of how to use AI under GDPR, to understand what consists of safe AI for European businesses, let’s first understand what this essential data privacy and security law requires.
What does GDPR actually require?
The General Data Protection Regulation (GDPR) applies whenever you process the personal data of EU citizens — whether you’re an EU‑based e‑commerce manager, a U.S. IT lead with an EU customer base, or an agency building AI workflows for clients in the EU. Key principles especially relevant to AI usage include:
- Data minimization: Only process what’s strictly necessary for your purpose.
- Purpose limitation: Use data only for the objectives you’ve declared.
- Consent & transparency: Inform data subjects how their data will be used, and secure their affirmative opt‑in.
- Right to erasure: Be prepared to delete data on request (“right to be forgotten”).
- Accountability & auditability: Maintain records (e.g., logs of data transmissions) to demonstrate compliance.
In terms of how to use AI under GDPR, sending personal data to an AI’s API, whether to use a customer’s email or order history within a prompt, counts as “processing” under GDPR’s definitions. This means if personal data — like names, emails, or addresses — flows into ChatGPT, Claude, or any other tool, you’re on the hook to ensure it’s handled lawfully. Without safeguards, you’re not just risking a slap on the wrist — you’re courting serious trouble.
Is ChatGPT GDPR safe?
ChatGPT’s conversational prowess is undeniable, but its GDPR status is less clear-cut. As of July 2025, OpenAI hasn’t secured a formal GDPR certification, while OpenAI states that ChatGPT has been built with GDPR compliance in mind. EU regulators have raised eyebrows over its data practices, particularly how prompts might be logged or used to train models.
- Data retention & training: By default, consumer ChatGPT (Free, Plus, Pro) retains conversations for 30 days before deletion and may use prompts and outputs to train its models — even after you hit “delete” (unless you’re on its special enterprise plan).
- Enterprise opt‑outs: ChatGPT Enterprise customers can configure zero data retention, preventing OpenAI from storing or training on any business data.
- EU regulation concerns: In terms of GDPR and ChatGPT, EU regulators have flagged concerns over OpenAI’s privacy practices, especially around PII in prompts.
- Regulatory scrutiny: A recent U.S. court order requires indefinite retention of deleted chats for consumer tiers in an NYT lawsuit, which bring the usual 30‑day deletion policy into question and triggers GDPR conflict concerns. This idea of indefinite prompt logging clashes with GDPR’s storage‑limitation principle.
Bottom line: ChatGPT is partially safe, but only with strict safeguards — never feed PII into free/pro tiers; opt for Enterprise with zero retention; and continuously monitor policy changes.
Does Claude comply with GDPR?
Claude, built by Anthropic, takes a different tack. With its “Constitutional AI” approach, it’s designed to prioritize safety and privacy. Anthropic claims Claude doesn’t train on user-submitted data unless you explicitly opt in (e.g., via feedback submissions), which is a big plus for Claude GDPR compliance. They also offer data deletion options and enterprise-grade APIs with stronger privacy assurances.
- Privacy-forward by design: As mentioned, Claude does not train on user-submitted data by default and offers strong privacy controls, including data deletion and customizable privacy settings.
- Data retention & deletion: Offering encryption in transit and at rest, Anthropic employees cannot access conversations unless you choose to share them for feedback. Enterprise customers get tailored retention policies with deletion controls.
- Certifications & code of conduct: While Anthropic hasn’t announced an EU‑approved GDPR certification or EU Cloud Code of Conduct membership, its “privacy‑by‑default” stance positions it ahead of many peers. But you must still sign a robust Data Processing Addendum (DPA) and ensure you have an EU representative if you’re non‑EU based.
Bottom line: More privacy‑aligned than most, but due diligence on contractual terms (DPA, location of processing) is essential.
What is the Gemini AI GDPR status?
Google’s Gemini integrates with the Google Cloud ecosystem, which is a GDPR-compliant powerhouse. Using Gemini through Vertex AI, you get enterprise-grade controls — like selecting where data is processed to meet residency rules. That’s a big win for the Gemini AI GDPR status.
- Enterprise via Vertex AI: When you use Gemini models through Google Cloud’s Vertex AI, your data stays in your chosen region, benefits from Google’s ISO 27001/27701 certifications, and is not used for further training unless you opt in as part of a trusted‑tester program.
- Workspace integration: Gemini in Google Workspace inherits your organization’s existing security controls. It conducts no human review of your prompts, and no cross‑customer data sharing without permission.
- Consumer versions (e.g., gemini.google.com): May log interactions for up to 72 hours, and human review is possible, raising privacy concerns for sensitive data.
Bottom line: Google Gemini is GDPR compliant and safe AI for European businesses only when deployed via enterprise Google Cloud or Workspace. Consumer-facing versions are not recommended for GDPR-sensitive use cases.











