“Subject to the limitations of liability included in the Agreement, OpenAI will remain liable for the acts and omissions of its Sub-Processors to the same extent OpenAI would be liable under this DPA if it performed such acts or omissions itself.”
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 pass-through liability provision means that delegating processing to Sub-Processors does not reduce OpenAI's accountability to the Customer under the DPA.
Customers retain the same level of protection and recourse against OpenAI for Sub-Processor conduct as they would have if OpenAI had performed that conduct itself.
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"Subject to the limitations of liability included in the Agreement, OpenAI will remain liable for the acts and omissions of its Sub-Processors to the same extent OpenAI would be liable under this DPA if it performed such acts or omissions itself.Excerpt from OpenAI's Data Processing Addendum
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This pass-through liability provision means that delegating processing to Sub-Processors does not reduce OpenAI's accountability to the Customer under the DPA.
Customers retain the same level of protection and recourse against OpenAI for Sub-Processor conduct as they would have if OpenAI had performed that conduct itself.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.