OpenAI · OpenAI Data Processing Addendum · View original document ↗

Processor Status and Instruction-Based Processing

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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Recent governance activity OpenAI recorded 16 documented changes in the last 30 days.
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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)

This provision operationalizes the data controller-processor relationship required under data protection regulations. It establishes the legal framework under which OpenAI processes personal data and requires that processing occur only pursuant to documented instructions, creating an audit trail for compliance with data protection obligations.

Consumer impact (what this means for users)

This provision requires that personal data processing be limited to purposes documented in customer instructions and for providing and improving the Services. Customers, as data controllers, formally instruct OpenAI to process personal data within these specified parameters, establishing the scope of authorized processing activities.

How other platforms handle this

DocuSign Medium

When our business customers use certain Services, we generally process and store limited personal information on their behalf as a data processor. For certain products such as Docusign's Contract Lifecycle Management (CLM) and Identity products, we may act as a processor and as a controller in certa...

Signal Medium

Signal can optionally discover which contacts in your address book are Signal users, using a service designed to protect the privacy of your contacts. Information from the contacts on your device may be cryptographically hashed and transmitted to the server in order to determine which of your contac...

Mixpanel Medium

Mixpanel acts as a data processor on behalf of its customers (the controllers) when processing end user data through the Mixpanel analytics platform, and as a data controller with respect to data it collects about its own website visitors and account holders.

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▸ View Original Clause Language DOCUMENT RECORD
"
OpenAI will process Customer Personal Data only in accordance with Customer's documented instructions, unless required to do so by applicable law. Customer, as the data controller (or processor acting on behalf of a controller), instructs OpenAI to process Customer Personal Data to provide and improve the Services in accordance with the Agreement.

— Excerpt from OpenAI's OpenAI Data Processing Addendum

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
CAN-SPAM
United States Federal
ePrivacy Directive
European Union
EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal
GDPR
European Union
UK GDPR
United Kingdom

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-010686
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-010686
Captured: 2026-05-11 13:05:56 UTC
SHA-256: 8ae5b556815e67cd…
URL: https://conductatlas.com/platform/openai/openai-data-processing-addendum/processor-status-and-instruction-based-processing/
Accessed: July 4, 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 Processor Status and Instruction-Based Processing clause do?

This provision operationalizes the data controller-processor relationship required under data protection regulations. It establishes the legal framework under which OpenAI processes personal data and requires that processing occur only pursuant to documented instructions, creating an audit trail for compliance with data protection obligations.

How does this clause affect you?

This provision requires that personal data processing be limited to purposes documented in customer instructions and for providing and improving the Services. Customers, as data controllers, formally instruct OpenAI to process personal data within these specified parameters, establishing the scope of authorized processing activities.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.