Governance comparison

OpenAI vs Anthropic

Compare how OpenAI and Anthropic handle training, data retention, liability, arbitration, and governance changes over time.

Governance changes can affect enterprise usage rights, data retention policies, training controls, and dispute handling. This comparison is based on continuously monitored governance documents.

30 documents monitored 1358 provisions tracked Continuously monitored
OpenAI
Rapidly evolving governance
Extensive document coverage
311 high-severity provisions
Requires arbitration
Trains on user content
666 provisions · 19 documents · 18 recent changes
Anthropic
Stable governance profile
Extensive document coverage
320 high-severity provisions
Trains on user content
692 provisions · 11 documents · 0 recent changes
Key Differences

OpenAI updated governance documents 18 times in the last 30 days. Anthropic: 0.

Arbitration: OpenAI (Required) vs Anthropic (Not stated).

Data Retention: OpenAI (Deleted after account closure) vs Anthropic (Deleted; 30-day window).

Class Action: OpenAI (Waived) vs Anthropic (Not stated).

OpenAI has 19 monitored documents vs Anthropic's 11.

Operational Implications

OpenAI may require more active governance monitoring due to higher policy change frequency.

Both vendors train on user content. Review specific opt-out mechanisms and data retention terms before uploading sensitive data.

Governance comparison based on continuously monitored documents. Provisions are extracted, classified, and tracked for changes over time.
Governance Quick Facts
Required
Not stated
Trains on your content; opt-out
Trains on your content; opt-out
Deleted after account closure
Deleted; 30-day window
Waived
Not stated
Provisions tracked
666 311 high
692 320 high
Documents monitored
19
11
Changes (30 days)
18
0
Governance stability
Frequently updated
Stable

High-severity provisions include mandatory arbitration, broad data sharing, AI training clauses, and liability limitations. Governance stability reflects document change frequency over the last 30 days. Methodology →

Provision Coverage by Category

Governance provisions grouped by type. Higher counts indicate more detailed governance language in that area.

Category
OpenAI
Anthropic
50 45 high
111 91 high
65 22 high
61 23 high
50 17 high
51 13 high
34 26 high
43 20 high
28 6 high
48 3 high
39 22 high
31 11 high
31 10 high
37 23 high
36 13 high
18 6 high
20 7 high
34 16 high
32 21 high
18 12 high
Show 17 more categories
Category
OpenAI
Anthropic
16 2 high
30 6 high
23 5 high
19 2 high
27 22 high
11 5 high
17 7 high
20 9 high
20 7 high
16 8 high
34 10 high
1
21 11 high
13 4 high
6 4 high
28 15 high
17 7 high
14 8 high
11 7 high
17 10 high
16 15 high
12 11 high
14 3 high
12 7 high
8 2 high
11 3 high
9 9 high
7 7 high
4 2 high
1
1
0
0
1 1 high
Recent OpenAI Changes

No governance changes detected in the last 30 days.

Recent Anthropic Changes

No governance changes detected in the last 30 days.

Key OpenAI Provisions
Sub-processor moderation retention limited to review period →

The retention and use of flagged content by sub-processors is double-limited: b…

Snowflake data warehousing excludes ZDR customers →

Customer data is sent to Snowflake for warehousing unless the customer has Zero…

App Enabling Authorizes Data Transmission →

The act of using or enabling the App triggers an automatic data transmission au…

Visual Capabilities Likeness Reproduction Requires Consent →

This prohibition protects individuals from unauthorized likeness reproduction a…

Aggregate liability cap at twelve months of Fees paid →

The cap ties the maximum recoverable amount to historical spend, meaning low-sp…

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Key Anthropic Provisions
Exclusion of All Consequential and Punitive Damages →

The clause purports to eliminate Anthropic's and its affiliates' financial liab…

Risk Reports Quantify Risk Across All Deployed Models →

A requirement to quantify risk across all deployed models — rather than selecte…

Multi-Party Authorization for Production Model Weight Access →

The requirement directly restricts who can access model weights and under what …

ASL-3 Deployment Safeguard CBRN Misuse Prevention →

The clause identifies CBRN misuse as the primary threat model driving ASL-3 dep…

Misalignment Risk Affirmative Case Requirement at AI R&D-4 →

The requirement creates a formal, documented obligation for Anthropic to affirm…

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