EU commercial customers using Mistral AI's hosted products have formal rights to switch to a different provider or delete their data, governed by specific procedures and timelines established under these additional terms, effective September 12, 2025.
This analysis describes what Mistral AI'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
The agreement establishes a structured framework for EU customers to exercise data portability and deletion rights under the EU Data Act, including defined notice periods, transitional support obligations, and post-switch data retention and deletion procedures.
The updated terms authorize Mistral AI to perform a broader range of actions on data sent to third-party services, moving beyond simple access and retrieval to include execute, transmit, modify, delete, invoke, and otherwise act upon necessary data. Users now explicitly bear responsibility for the actions they request through Mistral AI Products and for compliance with third-party terms. If you use third-party service integrations, you should review what specific actions you are requesting and confirm you understand what data handling Mistral AI is authorized to perform on your behalf.
View change record →EU-based commercial customers gain enforceable switching and deletion rights under the EU Data Act, supported by defined procedures and timelines, though these rights apply only to agreements entered into on or after September 12, 2025, and do not apply if the agreement was terminated due to customer breach.
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we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services...
Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud
Each payment processor uses and processes your complete payment information in accordance with its applicable privacy policy (Stripe and PayPal).
"These Additional Terms apply only to the Mistral AI Products available on the Mistral AI Infrastructure and provided to customers located in the European Union that are subject to the EU Data Act (as defined below). These Additional Terms shall take effect on 12 September 2025 (the "Effective Date"). For the avoidance of doubt, these Additional Terms apply only to Agreements or Order Forms entered into on or after the Effective Date. In the event of any conflict between these Additional Terms and the Agreement, these Additional Terms shall prevail, but only with respect to the obligations arising from the EU Data Act. These Additional Terms do not apply in case of termination of the Agreement for breach of the Customer.Excerpt from Mistral AI's Additional Product Terms
REGULATORY LANDSCAPE: This provision is directly grounded in the EU Data Act (Regulation EU 2023/2854), specifically its cloud switching and portability obligations for cloud service providers.
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The agreement establishes a structured framework for EU customers to exercise data portability and deletion rights under the EU Data Act, including defined notice periods, transitional support obligations, and post-switch data retention and deletion procedures.
EU-based commercial customers gain enforceable switching and deletion rights under the EU Data Act, supported by defined procedures and timelines, though these rights apply only to agreements entered into on or after September 12, 2025, and do not apply if the agreement was terminated due to customer breach.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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