OpenAI · OpenAI Data Processing Addendum · View original document ↗

International Data Transfers via Standard Contractual Clauses

Medium severity Medium confidence Explicitdocumentlanguage Uncommon · 12 of 343 platforms
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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)

The incorporation of EU SCCs provides the legal mechanism required under EU data protection law to authorize and structure cross-border data transfers to third countries. This framework establishes contractual safeguards and obligations that comply with GDPR requirements for international data flows and defines the respective responsibilities of each party in the data processing relationship.

Interpretive note: The adequacy of SCCs for US transfers remains subject to ongoing regulatory interpretation, particularly regarding supplementary measures required after the Schrems II ruling, and individual supervisory authorities may apply differing standards.

Consumer impact (what this means for users)

Customers whose personal data is transferred to countries without adequate data protection receive protections through the contractual commitments established by the EU SCCs. The specific obligations and protections applied depend on the designated roles and module under the SCCs, which are incorporated as binding contract terms governing the data transfer.

How other platforms handle this

DocuSign Medium

When we transfer personal information from the European Economic Area, the United Kingdom, or Switzerland to other countries that have not been found to provide an adequate level of data protection, we use legal mechanisms such as Standard Contractual Clauses approved by the European Commission to h...

Peloton Medium

Your personal information may be transferred to, processed and stored in countries other than the country in which you are resident, including the United States, Australia, Canada, the European Union and the UK. We take appropriate safeguards to protect your personal information in accordance with t...

Fiverr Medium

Your personal information may be transferred to and processed in countries outside your country of residence, including the United States and Israel, which may have data protection laws that differ from those in your country. We rely on appropriate safeguards, such as standard contractual clauses ap...

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▸ View Original Clause Language DOCUMENT RECORD
"
To the extent that OpenAI processes Customer Personal Data protected by EU Data Protection Law in a country that has not been recognized as providing an adequate level of protection, the parties agree that the EU SCCs are incorporated into this DPA by reference. The applicable module of the EU SCCs will depend on the capacity in which Customer and OpenAI act with respect to the processing of Customer Personal Data.

— Excerpt from OpenAI's OpenAI Data Processing Addendum

Applicable regulations

BIPA
Illinois, USA
CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
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 Data Processing Addendum
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 12, 2026
Record ID
CA-P-010688
Document ID
CA-D-00757
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
8ae5b556815e67cd00740a6c1b656c2b56a01dfecbb0b039a8fa2625f2c769ba
Analysis generated
May 11, 2026 13:05 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Data Processing Addendum
Record ID: CA-P-010688
Captured: 2026-05-11 13:05:56 UTC
SHA-256: 8ae5b556815e67cd…
URL: https://conductatlas.com/platform/openai/openai-data-processing-addendum/international-data-transfers-via-standard-contractual-clauses/
Accessed: June 30, 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 International Data Transfers via Standard Contractual Clauses clause do?

The incorporation of EU SCCs provides the legal mechanism required under EU data protection law to authorize and structure cross-border data transfers to third countries. This framework establishes contractual safeguards and obligations that comply with GDPR requirements for international data flows and defines the respective responsibilities of each party in the data processing relationship.

How does this clause affect you?

Customers whose personal data is transferred to countries without adequate data protection receive protections through the contractual commitments established by the EU SCCs. The specific obligations and protections applied depend on the designated roles and module under the SCCs, which are incorporated as binding contract terms governing the data transfer.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 12 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.