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Section 4.2 establishes that OpenAI's default position under this business agreement is to not use Customer Content, including inputs and outputs, to train or improve its models, unless Customer explicitly provides separate consent to such use.
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 an opt-in structure for model training use of Customer Content, meaning OpenAI may not use business customer data for training purposes under the baseline agreement terms without affirmative Customer consent.
The agreement establishes that Customer Content will not be used by OpenAI for model development or improvement by default. Any such use requires Customer's explicit agreement, creating an affirmative consent requirement rather than an opt-out mechanism.
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"OpenAI will only use Customer Content as necessary to provide Customer with the Services, comply with applicable law, enforce the OpenAI Policies, and prevent abuse. OpenAI will not use Customer Content to develop or improve the Services, unless Customer explicitly agrees to such use.Excerpt from OpenAI's Business Terms
1. REGULATORY LANDSCAPE: This provision engages GDPR Article 6 lawful basis requirements for processing personal data, as any use of Customer Content containing personal data for training purposes would require a valid legal basis in addition to contractual permission. The incorporated Data Processing Addendum at openai.com/policies/data-processing-addendum governs how personal data within Customer Content is handled. EU AI Act requirements related to training data transparency and governance may also be relevant as that framework takes effect. 2. GOVERNANCE EXPOSURE: Medium. The provision creates a clear default protection for business customers but does not specify the mechanism by which explicit consent is obtained or what constitutes explicit agreement. Compliance teams should document whether any OpenAI product configurations, terms acceptance flows, or supplemental agreements constitute such explicit consent. 3. JURISDICTION FLAGS: GDPR and national data protection laws in EEA member states require that any consent to use personal data for training purposes meet specific validity requirements including being freely given, specific, informed, and unambiguous. UK GDPR imposes similar standards. The explicit agreement requirement in this clause may not satisfy GDPR consent standards if bundled with other terms. 4. CONTRACT AND VENDOR IMPLICATIONS: This provision should be reviewed in conjunction with any product-specific terms, onboarding flows, or supplemental agreements that may constitute the explicit consent referenced. Procurement teams should confirm what mechanisms OpenAI uses to obtain and record explicit consent and whether those mechanisms are documented in the agreement or supplemental materials. 5. COMPLIANCE CONSIDERATIONS: Data governance teams should map all Customer Content flowing through OpenAI APIs to confirm whether any configurations or accepted terms constitute explicit consent to training use. GDPR Data Protection Impact Assessments may need to account for this provision and its interaction with the DPA. Organizations should maintain documentation confirming no explicit consent to training use has been granted if they wish to rely on the default no-training protection.
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This provision establishes an opt-in structure for model training use of Customer Content, meaning OpenAI may not use business customer data for training purposes under the baseline agreement terms without affirmative Customer consent.
The agreement establishes that Customer Content will not be used by OpenAI for model development or improvement by default. Any such use requires Customer's explicit agreement, creating an affirmative consent requirement rather than an opt-out mechanism.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.