The document states that OpenAI offers a Data Processing Addendum for customers using ChatGPT Business, ChatGPT Enterprise, and the API, available through a DPA form, to support GDPR compliance.
This analysis describes what OpenAI'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 GDPR-compliant data processing terms are available upon request rather than automatically incorporated into the service agreement, requiring EU and EEA customers to proactively execute a DPA to establish GDPR Article 28 compliant controller-processor terms.
The updated policy now states that workspace admins 'can control' data retention rather than 'control' it, introducing subtle ambiguity about whether retention control is a guaranteed right or a permitted option. Additionally, the removal of the word 'workspace' before 'data' broadens the scope of data potentially subject to admin control beyond workspace-specific information. These changes could affect how enterprise customers understand the extent of their administrative authority over data retention practices.
View change record →The updated terms establish that workspace admins, rather than individual end users, control how long workspace conversation data is retained and authorize admins to view, access, export, and delete end user conversations. Previously, the policy stated that each user controlled whether their conversations were retained and that only end users could view their own conversations. The revised terms also permit OpenAI to retain deleted or unsaved conversations beyond the standard 30-day deletion window if retention is required by law or reasonably necessary to protect OpenAI's services or third parties from harm. Workspace users should review their organization's data governance policies to understand what access and retention practices their admins have implemented.
View change record →Current version specifies DPA availability for three specific products (ChatGPT Business, ChatGPT Enterprise, API), references other privacy laws beyond GDPR, and provides a process link to request execution.
View full change record →Under this provision, GDPR compliance support through a Data Processing Addendum requires active completion of a DPA form by the customer. The document does not specify whether the DPA covers ChatGPT for Healthcare, ChatGPT Edu, or ChatGPT for Teachers under the same mechanism, referencing a Student Data Privacy Agreement separately for those products.
Cross-platform context
See how other platforms handle GDPR Data Processing Addendum Availability and similar clauses.
Compare across platforms →"Yes, we are able to execute a Data Processing Addendum (DPA) with customers for their use of ChatGPT Business, ChatGPT Enterprise, and the API in support of their compliance with GDPR and other privacy laws. Please complete our DPA form to execute a DPA with OpenAI.Excerpt from OpenAI's API Data Usage Policies [RETIRED: redirects to /enterprise-privacy/ (CA-D-000825)]
(1) REGULATORY LANDSCAPE: This provision directly engages GDPR Article 28, which requires that processing by a processor on behalf of a controller be governed by a binding contract.
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This provision establishes that GDPR-compliant data processing terms are available upon request rather than automatically incorporated into the service agreement, requiring EU and EEA customers to proactively execute a DPA to establish GDPR Article 28 compliant controller-processor terms.
Under this provision, GDPR compliance support through a Data Processing Addendum requires active completion of a DPA form by the customer. The document does not specify whether the DPA covers ChatGPT for Healthcare, ChatGPT Edu, or ChatGPT for Teachers under the same mechanism, referencing a Student Data Privacy Agreement separately for those products.
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