Provision record
OpenAI · OpenAI Enterprise Privacy · View original document ↗

GDPR Data Processing Addendum and Standard Contractual Clauses

High severity Medium confidence Explicit document language Common · 290 of 352 platforms
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Document Record

What it is

OpenAI offers a formal GDPR data processing agreement that includes the EU's Standard Contractual Clauses for customers who need it, which is required for legally transferring personal data from the EU to the US.

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)

A DPA incorporating SCCs is a legal requirement under GDPR for transferring personal data from the EU/EEA to a third country such as the United States. The document states this is available but requires the customer to request it, meaning it is not automatically in place.

Interpretive note: The document does not specify which SCC module is used, whether a Transfer Impact Assessment is provided, or what supplementary technical measures are in place, all of which are required for full GDPR Chapter V compliance.

Recent Activity

This document changed recently

Medium Jul 18, 2026

The updated terms state that workspace admins 'can control' data retention rather than directly controlling it. This conditional phrasing may suggest that retention control is optional or contingent rather than a guaranteed capability. Enterprise customers relying on admin-driven data retention policies should clarify with OpenAI whether this change affects their ability to set specific retention timelines for workspace data.

View change record →
High May 28, 2026

The updated terms shift governance of conversation access and retention from end users to workspace administrators. Under the revised policy, workspace admins can now view, access, export, and delete any end user conversations within their workspace and control how long workspace data is retained. Additionally, OpenAI now reserves the right to retain deleted or unsaved conversations beyond the standard 30-day deletion window if retention is reasonably necessary to protect its services or any third party from harm, beyond prior language that limited retention extensions to legal requirements. Within an enterprise account, end users no longer have unilateral control over conversation visibility or deletion of their own conversations.

View change record →

Clause Stability Stable

0
Changes
3
Months Monitored
May 12, 2026
First Seen
May 20, 2026
Last Seen
This clause type exists across 5149 other provisions on other platforms.

Consumer impact (what this means for users)

EU/EEA enterprise customers handling personal data must have an executed DPA with SCCs to comply with GDPR data transfer requirements; the document states this is available upon request rather than automatically provided.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Export Your Data
    Contact OpenAI to request the Data Processing Addendum incorporating Standard Contractual Clauses before processing EU/EEA personal data through OpenAI products.

How other platforms handle this

Square Medium

to request that your data be transferred to a third party (data portability)

Google Cloud Medium

Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.

Roblox Medium

Further, you may take legal actions in relation to any potential breach of your rights regarding the processing of your Personal Information, as well as to lodge complaints before the competent data prot...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
We offer a Data Processing Addendum (DPA) that incorporates Standard Contractual Clauses (SCCs) for customers who require it for GDPR compliance.

Excerpt from OpenAI's Enterprise Privacy

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: This provision directly engages GDPR Chapter V (transfers to third countries), specifically the SCC mechanism established under Article 46(2)(c).

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
EU AI Act - High Risk Provisions
EU
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 Enterprise Privacy
Entity
OpenAI
Document last updated
May 12, 2026
Tracking information
First tracked
May 12, 2026
Last verified
May 12, 2026
Record ID
CA-P-011970
Document ID
CA-D-00825
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ac048cebc19346f5fd75309f8820fd04c36648bc8cece90f5edd62740c55d0de
Analysis generated
May 12, 2026 16:41 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Enterprise Privacy
Record ID: CA-P-011970
Captured: 2026-05-12 16:41:02 UTC
SHA-256: ac048cebc19346f5…
URL: https://conductatlas.com/platform/openai/openai-enterprise-privacy/provision/CA-P-011970/gdpr-data-processing-addendum-and-standard-contractual-clauses/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's GDPR Data Processing Addendum and Standard Contractual Clauses clause do?

A DPA incorporating SCCs is a legal requirement under GDPR for transferring personal data from the EU/EEA to a third country such as the United States. The document states this is available but requires the customer to request it, meaning it is not automatically in place.

How does this clause affect you?

EU/EEA enterprise customers handling personal data must have an executed DPA with SCCs to comply with GDPR data transfer requirements; the document states this is available upon request rather than automatically provided.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 290 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.