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 allocation of responsibility clarifies the operational framework for the data processing relationship: the customer, as the entity controlling the purposes and means of data processing, must validate the lawfulness of its own instructions before directing OpenAI to execute them. This defines the customer's role in the data governance structure.
Under this provision, the customer assumes the obligation to conduct compliance review of its processing instructions prior to implementation, including verification of lawful basis, data subject notices, and consents. This places the compliance verification burden on the party originating the processing instructions.
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"Customer is responsible for ensuring that: (a) the processing of Customer Personal Data by OpenAI in accordance with Customer's instructions will not cause OpenAI to violate any applicable law; (b) Customer has provided all necessary notices and obtained all necessary consents from data subjects to permit OpenAI to process Customer Personal Data on Customer's behalf; and (c) Customer's instructions comply with applicable Data Protection Law.— Excerpt from OpenAI's OpenAI Data Processing Addendum
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This allocation of responsibility clarifies the operational framework for the data processing relationship: the customer, as the entity controlling the purposes and means of data processing, must validate the lawfulness of its own instructions before directing OpenAI to execute them. This defines the customer's role in the data governance structure.
Under this provision, the customer assumes the obligation to conduct compliance review of its processing instructions prior to implementation, including verification of lawful basis, data subject notices, and consents. This places the compliance verification burden on the party originating the processing instructions.
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