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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"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 OpenAI 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 230 platforms. See the full comparison.
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