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The notice states that user settings, including the Keep Activity setting, do not control Google's processing of chat data to create anonymized data for improving Google services. Even when Keep Activity is off, Google uses chats to respond to users and for safety and protection purposes, including with human reviewer assistance.
This analysis describes what Google Gemini's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that the Keep Activity setting does not provide comprehensive control over all chat data processing; specifically, it does not stop the creation of anonymized data for service improvement or safety-related human review. Compliance teams should note that the notice does not specify the anonymization standard applied, which is material to whether this processing falls outside GDPR's scope as truly anonymous data.
Interpretive note: The notice does not specify the anonymization standard or methodology applied, creating uncertainty about whether the anonymized data processing falls outside GDPR's scope and whether user controls are adequately represented.
The updated privacy notice establishes that Google collects data from third-party services you connect to Gemini, including Model Context Protocol server tools, and that such connections are not monitored or secured by Google. The notice explicitly states that choosing to connect third-party apps may expose your data, passwords, devices, and accounts to unauthorized access. The revised terms also clarify that you can use temporary chats, which are not retained for AI improvement purposes with human reviewer assistance. You can manage connected app permissions through Gemini Spark settings.
View change record →The updated notice adds new disclosure sections explaining how data flows when using Gemini Spark (remote browser and computer access), how avatar creation collects and processes information, and clarifies that Google collects information about AI reasoning steps during task execution. The notice also refines language around subscription information to specify 'Google AI plan' rather than just generic 'paid subscription.' These changes do not establish new obligations but rather expand the transparency disclosures provided to users about existing and new features.
View change record →The updated notice now explicitly identifies Memory as a feature that operates on the basis of user consent, alongside Voice Match. The revised language removes prior geographic restrictions on personalization, meaning Gemini can now reference chat history to generate personalized insights for all users globally, not just those outside the EEA, Switzerland, and the UK. The removal of the statement 'Keep Activity must be on to use this feature' simplifies the operational requirement but does not establish a new obligation. You can learn how to turn the Memory feature on or off through the updated privacy notice.
View change record →Under this clause, user chat data may be processed to create anonymized data for Google service improvement regardless of the Keep Activity setting, and human reviewers may still access chat content for safety purposes even when Keep Activity is off. The agreement does not specify the anonymization standard or methodology applied to this processing.
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"Your Gemini settings don't control processing of your chats to create anonymized data to improve Google services. Even if your Keep Activity setting is off, Google still uses your chats to respond to you and help protect Google, our users, and the public, including with help from human reviewers.Excerpt from Google Gemini's Gemini Apps Privacy Notice
1. REGULATORY LANDSCAPE: This provision implicates GDPR requirements for anonymization, which under EU data protection law requires that data be rendered irreversibly non-identifiable to be exempt from GDPR's scope. The adequacy of the anonymization standard applied by Google is not specified in the notice. EU data protection authorities and the UK ICO are the primary enforcement bodies. 2. GOVERNANCE EXPOSURE: Medium. The assertion that the Keep Activity setting does not control anonymized data processing creates a gap between user-facing control descriptions and the actual scope of data processing. If the anonymization applied does not meet GDPR standards for true anonymization, this processing may remain subject to GDPR obligations regardless of how it is characterized. 3. JURISDICTION FLAGS: EU member states and the UK create the highest exposure given GDPR's strict definition of anonymization. The burden is on the data controller to demonstrate that anonymization is irreversible; the notice does not provide sufficient detail to assess whether this standard is met. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations relying on the Keep Activity setting to limit Gemini Apps data processing should be aware that this setting does not provide complete control over all processing activities, including anonymized data creation and safety-related human review. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the anonymization standard applied by Google satisfies GDPR requirements, and whether the notice provides adequate transparency about the scope of processing that occurs regardless of user settings. Data protection impact assessments for Gemini Apps deployments should account for this processing.
This provision establishes that the Keep Activity setting does not provide comprehensive control over all chat data processing; specifically, it does not stop the creation of anonymized data for service improvement or safety-related human review. Compliance teams should note that the notice does not specify the anonymization standard applied, which is material to whether this processing falls outside GDPR's scope …
Under this clause, user chat data may be processed to create anonymized data for Google service improvement regardless of the Keep Activity setting, and human reviewers may still access chat content for safety purposes even when Keep Activity is off. The agreement does not specify the anonymization standard or methodology applied to this processing.
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