Provision record
OpenAI · OpenAI API Data Usage Policies [RETIRED: redirects to /enterprise-privacy/ (CA-D-000825)] · View original document ↗

API and Enterprise Data Not Used for Model Training

Medium severity Medium confidence Explicit document language Common · 290 of 352 platforms
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Document Record

What it is

The document states that inputs and outputs submitted through the OpenAI API or ChatGPT Enterprise are not used to train OpenAI models by default, and that training use requires explicit customer opt-in.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes the primary data use boundary for enterprise and API customers, directly affecting purpose limitation and data minimization compliance under GDPR and equivalent frameworks. The default exclusion from model training is a material operational distinction from consumer-tier ChatGPT accounts, where different terms may apply.

Interpretive note: The binding obligations are contained in the referenced Data Processing Addendum and Terms of Service, not this disclosure page; the enforceability of this commitment depends on those underlying instruments.

Recent Activity

This document changed recently

Medium Jul 16, 2026

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 →
Medium May 28, 2026

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 →

Clause Stability Stable

0
Changes
3
Months Monitored
May 20, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 5149 other provisions on other platforms.

Change history

modified May 24, 2026

Previous version had no excerpt; current version adds explicit language clarifying opt-in model training default and covers both API and ChatGPT Enterprise.

View full change record →

Consumer impact (what this means for users)

Under this provision, organizations using the API or ChatGPT Enterprise can operate with the assurance that their submitted data is not used for model training unless they affirmatively opt in. This provision applies specifically to enterprise and API tiers and does not govern standard consumer ChatGPT accounts.

How other platforms handle this

Square Medium

to request that your data be transferred to a third party (data portability)

Google Cloud Medium

Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.

Roblox Medium

Further, you may take legal actions in relation to any potential breach of your rights regarding the processing of your Personal Information, as well as to lodge complaints before the competent data prot...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
We do not train on your business data by default. Data submitted via the API or ChatGPT Enterprise is not used to train our models unless you explicitly opt in.

Excerpt from OpenAI's API Data Usage Policies [RETIRED: redirects to /enterprise-privacy/ (CA-D-000825)]

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision engages GDPR Articles on purpose limitation and data minimization, as well as CCPA restrictions on secondary use of personal information submitted under a service provider relationship.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
UK GDPR
United Kingdom
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
OpenAI API Data Usage Policies [RETIRED: redirects to /enterprise-privacy/ (CA-D-000825)]
Entity
OpenAI
Document last updated
May 12, 2026
Tracking information
First tracked
May 20, 2026
Last verified
May 20, 2026
Record ID
CA-P-012351
Document ID
CA-D-00789
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f5f3edcc42f48d0b6fa827e4876b407a056ca5693555490866c30a33809d5c2a
Analysis generated
May 20, 2026 20:24 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI API Data Usage Policies [RETIRED: redirects to /enterprise-privacy/ (CA-D-000825)]
Record ID: CA-P-012351
Captured: 2026-05-20 20:24:04 UTC
SHA-256: f5f3edcc42f48d0b…
URL: https://conductatlas.com/platform/openai/openai-api-data-usage-policies-retired-redirects-to-enterprise-privacy-ca-d-000825/provision/CA-P-012351/api-and-enterprise-data-not-used-for-model-training/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

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Frequently Asked Questions

What does OpenAI's API and Enterprise Data Not Used for Model Training clause do?

This provision establishes the primary data use boundary for enterprise and API customers, directly affecting purpose limitation and data minimization compliance under GDPR and equivalent frameworks. The default exclusion from model training is a material operational distinction from consumer-tier ChatGPT accounts, where different terms may apply.

How does this clause affect you?

Under this provision, organizations using the API or ChatGPT Enterprise can operate with the assurance that their submitted data is not used for model training unless they affirmatively opt in. This provision applies specifically to enterprise and API tiers and does not govern standard consumer ChatGPT accounts.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.