OpenAI · OpenAI API Data Usage Policies · View original document ↗

Subprocessor Disclosure

Medium severity Low confidence Inferredfromcontext Unique · 0 of 325 platforms
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Document Record

What it is

OpenAI's enterprise privacy framework includes disclosure of the third-party subprocessors it uses to deliver ChatGPT Enterprise and API services, allowing enterprise customers to assess the data sharing chain.

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)

GDPR Article 28 requires processors to obtain prior authorization from the data controller before engaging subprocessors, and the controller must be informed of any intended changes; the subprocessor list is the mechanism for this disclosure.

Interpretive note: The subprocessor disclosure provision is inferred from the document's enterprise privacy scope; the specific mechanism and notification requirements were not available in the provided HTML.

Consumer impact (what this means for users)

Enterprise customers whose personal data is processed by OpenAI subprocessors should review the subprocessor list to understand which third parties may access their data, and should confirm their DPA includes notification rights for subprocessor changes.

How other platforms handle this

Windsurf Medium

Crusoe (Sees code data for inference): We manage Crusoe's compute for training some of our custom models, as well as hosting some of our custom models. Modal (Sees code data for inference): We manage Modal's compute for training some of our custom models, as well as hosting some of our custom models...

Mistral AI Medium

Mistral AI will provide reasonable notice to the Customer of any changes to the list of Subprocessors prior to engaging such Subprocessor. The Customer may only object in writing to Mistral AI's appointment of a new Subprocessor within ten (10) days of such notice by providing a written objection to...

Anyscale Medium

We may disclose your information with our business partners. We may share your personal information with our business partners, such as companies that partner with us to offer certain products or services. We may share your personal information with advertising partners. We work with third-party adv...

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ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: GDPR Article 28(2) and (4) require that subprocessors be subject to the same data protection obligations as the primary processor, and that the controller be informed of and able to object to subprocessor changes. UK GDPR imposes equivalent requirements. CCPA requires that service provider agreements flow down restrictions to any third parties that access personal information. (2) GOVERNANCE EXPOSURE: Medium. Subprocessor lists are standard in enterprise AI service agreements, but the risk level depends on whether the DPA includes prior notice or prior consent mechanisms for subprocessor changes and whether the list is kept current. (3) JURISDICTION FLAGS: EU and UK customers face the highest exposure if subprocessor changes occur without adequate notice or if subprocessors lack compliant data transfer mechanisms (SCCs, adequacy decisions) for cross-border transfers. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm whether the DPA requires prior consent or only prior notice for subprocessor additions, and should track the subprocessor list as part of ongoing vendor management. Any subprocessors processing EU personal data should have compliant transfer mechanisms documented. (5) COMPLIANCE CONSIDERATIONS: Legal teams should incorporate subprocessor change notification monitoring into their GDPR compliance workflows and maintain records of any objections raised to subprocessor changes.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC oversees data sharing practices and representations about third-party data access for US-based enterprise customers.
    File a complaint →

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
CAN-SPAM
United States Federal
ePrivacy Directive
European Union
EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal
GDPR
European Union
UK GDPR
United Kingdom

Provision details

Document information
Document
OpenAI API Data Usage Policies
Entity
OpenAI
Document last updated
May 12, 2026
Tracking information
First tracked
May 12, 2026
Last verified
May 12, 2026
Record ID
CA-P-011790
Document ID
CA-D-00789
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
132ecaf0dde05d51f4acb3fac6c1f7c30cd4cc2dfa3900840989e08faf858647
Analysis generated
May 12, 2026 15:05 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI API Data Usage Policies
Record ID: CA-P-011790
Captured: 2026-05-12 15:05:08 UTC
SHA-256: 132ecaf0dde05d51…
URL: https://conductatlas.com/platform/openai/openai-api-data-usage-policies/subprocessor-disclosure/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does OpenAI's Subprocessor Disclosure clause do?

GDPR Article 28 requires processors to obtain prior authorization from the data controller before engaging subprocessors, and the controller must be informed of any intended changes; the subprocessor list is the mechanism for this disclosure.

How does this clause affect you?

Enterprise customers whose personal data is processed by OpenAI subprocessors should review the subprocessor list to understand which third parties may access their data, and should confirm their DPA includes notification rights for subprocessor changes.

Is ConductAtlas affiliated with OpenAI?

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