49 Total
23 High severity
19 Medium severity
7 Low severity

Key Facts · in the document’s own words

What authorization does Customer grant OpenAI?
“Customer hereby provides a general authorization to OpenAI to engage the Sub-Processors listed in the Sub-Processor List to process Customer Data in connection with the Services.”
Version CA-V-005936, captured Aug. 20, 2026 · live source ↗
Our reading, not the document’s words
Customer grants OpenAI a general authorization to engage the Sub-Processors listed in the Sub-Processor List to process Customer Data in connection with the Services.
What does OpenAI prohibit Customer from taking?
“render OpenAI not a "service provider" under the CCPA or "processor" under U.S. Privacy Laws.”
Version CA-V-005936, captured Aug. 20, 2026 · live source ↗
Our reading, not the document’s words
OpenAI prohibits Customer from taking actions that would render OpenAI not a 'service provider' under the CCPA or 'processor' under U.S. Privacy Laws.
What does Customer represent, warrant, and covenant regarding necessary notices?
“Customer represents, warrants and covenants that it has provided all necessary notices, and has and shall maintain throughout the Term all necessary rights, consents and authorizations...”
Version CA-V-005936, captured Aug. 20, 2026 · live source ↗
Our reading, not the document’s words
Customer represents, warrants, and covenants that it has provided all necessary notices and has and will maintain throughout the Term all necessary rights, consents, and authorizations for Customer Data.
What does OpenAI Ireland Limited transfer outside the European Economic Area or Switzerland on the basis of?
“To the extent OpenAI Ireland Limited transfers EEA and Swiss Data to other OpenAI Affiliates or third parties outside the European Economic Area or Switzerland...it will do so on the basis of agreements containing SCCs...”
Version CA-V-005936, captured Aug. 20, 2026 · live source ↗
Our reading, not the document’s words
OpenAI Ireland Limited transfers EEA and Swiss Data outside the European Economic Area or Switzerland on the basis of agreements containing SCCs or, where applicable, an adequacy decision.
When may either party terminate the Agreement or any Order Forms?
“If none of the alternatives or solutions are commercially feasible, in OpenAI’s reasonable judgment, or if the objections have not been resolved to the satisfaction of the Parties within 30 days of OpenAI’s receipt of Customer’s objection notice, then either Party may terminate the Agreement or any Order Forms or usage regarding the Services that cannot be provided without the use of the new Sub-Processor.”
Version CA-V-005936, captured Aug. 20, 2026 · live source ↗
Our reading, not the document’s words
Either party may terminate the Agreement or any Order Forms or usage regarding Services that cannot be provided without the use of a new Sub-Processor if an objection to that Sub-Processor is unresolved.
Will OpenAI inform Customer if OpenAI receives a legally binding request for disclosure of Customer Data by a law enforcement authority?
“OpenAI will, to the extent legally permitted, inform Customer if OpenAI receives a legally binding request for disclosure of Customer Data by a law enforcement authority.”
Version CA-V-005936, captured Aug. 20, 2026 · live source ↗
Our reading, not the document’s words
OpenAI will, to the extent legally permitted, inform Customer if OpenAI receives a legally binding request for disclosure of Customer Data by a law enforcement authority.
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Summary

This document sets the rules for how OpenAI handles data that business customers provide when using its services. OpenAI can only use that data as the customer instructs, and cannot sell or share it under applicable privacy law definitions. If there is a security breach, OpenAI must notify the customer without undue delay, and after the agreement ends, OpenAI will return or delete the customer's data upon instruction.

Analysis

This Data Processing Addendum establishes the terms under which OpenAI processes Customer Data on behalf of customers, grounding the relationship in a processor/service-provider model. OpenAI is obligated to process Customer Data only in accordance with Customer Instructions, unless applicable law requires otherwise, and is prohibited from selling or sharing Personal Data as defined under U.S. Privacy Laws and the CCPA. The DPA sets out Sub-Processor authorization on a general basis, with termination rights available to either party if a new Sub-Processor objection is unresolved. International transfers of EEA and Swiss Data by OpenAI Ireland Limited are conducted under Standard Contractual Clauses or applicable adequacy decisions. Customer-side obligations include maintaining all necessary consents and authorizations for Customer Data throughout the Term, and customers must not take actions that would cause OpenAI to lose its service-provider or processor status under applicable law.

What this means for you

For a business customer, this document means OpenAI is bound to process their data only as directed, must promptly notify them of any Personal Data Breach, and must return or delete their data after the agreement ends when instructed to do so. Customers bear responsibility for ensuring they have all necessary consents and rights for the data they provide to OpenAI throughout the entire duration of the agreement. Customers who object to a newly added Sub-Processor and cannot reach resolution have the right to terminate the Agreement or the specific services requiring that Sub-Processor. Audit rights to verify OpenAI's data handling practices are limited to once per year and are conducted at the customer's sole expense.

Institutional Analysis
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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

1 important change detected

4 versions captured · Latest change detected by ConductAtlas: May 2026

What changed OpenAI updated the language selection interface in their Data Processing Addendum on May 23, 2026. The change added five additional language options to the language selector menu (Armenian, Georgian, Icelandic, Maltese, and Somali) while keeping all substantive terms identical. This is a formatting and localization update with no change to the underlying data processing rights, obligations, or protections.
Why this matters This change does not alter any substantive terms of the Data Processing Addendum. The updated document now offers the agreement in five additional languages: Armenian, Georgian, Icelandic, Maltese, and Somali. The rights, obligations, and data processing authorizations remain identical across all language versions.
View full change record →
Featured, High severity
Featured, Medium severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

49 provisions
12 featured
13 clause types
23 high severity
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Mapped Governance Frameworks

BIPA
Illinois, USA
View official text ↗
CCPA/CPRA
California, USA
View official text ↗
Connecticut Data Privacy Act Amendments
US-CT
View official text ↗
CAN-SPAM
United States Federal
View official text ↗
ePrivacy Directive
European Union
View official text ↗
FTC Act Section 5
United States Federal
View official text ↗
GDPR
European Union
View official text ↗
Indiana Consumer Data Protection Act
US-IN
View official text ↗
Kentucky Consumer Data Protection Act
US-KY
View official text ↗
UK GDPR
United Kingdom
View official text ↗
Universal Opt-Out Mechanism Expansion 2026
US
View official text ↗

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Archival ProvenanceSource & Archival Record
This version captured August 20, 2026 00:04 UTC
Last successful capture October 8, 2026 00:04 UTC
Date stated by the document January 1, 2026 (as printed in this version)
Capture Method Automated scheduled archival capture
Document ID CA-D-000757
Version ID CA-V-005936
SHA-256 (extracted text, extractor v5) 3576c9c2da3364bebf36269c4340b36cad2c77854aec7ec441aa394207198c93
✓ Snapshot stored Archived-bytes anchor not yet recorded

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