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 clause establishes that Customer Data does not automatically disappear upon termination—it depends on Customer instruction—and that legal retention obligations can override the return or deletion obligation.
Interpretive note: The excerpt is truncated after 'applicable laws'; any further qualifications or procedures are not captured in the canonical claim.
Customers must actively instruct OpenAI to return or delete their Customer Data after the Agreement ends; OpenAI is not required to act without that instruction, and applicable law may require OpenAI to retain certain data regardless.
How other platforms handle this
Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you may disclose in this way.
to the extent practicable, upon request of the Disclosing Party return or destroy all Confidential Information of the Disclosing Party that is in its possession upon termination or expiration of this Agreement.
Affirm will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.
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"Following expiry or termination of the Agreement, OpenAI will, at Customer's instruction, return or delete Customer Data, and existing copies unless retention of Customer Data is required under applicable laws...— Excerpt from OpenAI's OpenAI Data Processing Addendum
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This clause establishes that Customer Data does not automatically disappear upon termination—it depends on Customer instruction—and that legal retention obligations can override the return or deletion obligation.
Customers must actively instruct OpenAI to return or delete their Customer Data after the Agreement ends; OpenAI is not required to act without that instruction, and applicable law may require OpenAI to retain certain data regardless.
ConductAtlas has identified this type of provision across 275 platforms. See the full comparison.
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