OpenAI · OpenAI EU Terms of Use · View original document ↗

Cross-Border Data Transfers to the United States

High severity Medium confidence Explicitdocumentlanguage Rare · 1 of 325 platforms
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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)

The provision operationalizes data transfer compliance under EU data protection frameworks by specifying the contractual mechanism (Standard Contractual Clauses) that governs the lawfulness of moving personal data outside the EEA to a jurisdiction with different data protection standards.

Interpretive note: The document does not specify whether OpenAI relies on the EU-US Data Privacy Framework or SCCs as its primary transfer mechanism; compliance teams should confirm the current mechanism directly with OpenAI.

Consumer impact (what this means for users)

Users from the EEA, UK, and Switzerland acknowledge that their personal data will be processed in the United States under Standard Contractual Clauses, which serve as the binding mechanism for such transfers. The terms apply as written upon continued use of the service.

How other platforms handle this

Roblox Medium

Roblox is based in the United States, and your personal information may be transferred to and processed in the United States or other countries where Roblox or its service providers operate. These countries may have data protection laws that differ from the laws of your home country. By using the Ro...

Uber Medium

Uber operates globally and may transfer the personal data of drivers and delivery people to countries other than the country in which they reside. These countries may have different and less protective data protection laws than those of your country of residence. Uber uses standard contractual claus...

Shopify Medium

Shopify is a global business. We may transfer your personal information to countries other than the country in which it was originally collected, including to Canada and the United States where our servers are located. These countries may not have the same data protection laws as your country. When ...

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▸ View Original Clause Language DOCUMENT RECORD
"
By using our Services, you acknowledge that your personal data may be transferred to and processed in the United States, where data protection laws may differ from those in your country. We rely on Standard Contractual Clauses approved by the European Commission as the legal mechanism for transferring personal data from the EEA, UK, and Switzerland to the United States.

— Excerpt from OpenAI's OpenAI EU Terms of Use

Applicable regulations

BIPA
Illinois, USA
CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
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 EU Terms of Use
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 12, 2026
Record ID
CA-P-010522
Document ID
CA-D-00756
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
de276a8b3e29086fd981e998740a2283e9064e408cbd12835efb4a7406685da7
Analysis generated
May 11, 2026 11:32 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI EU Terms of Use
Record ID: CA-P-010522
Captured: 2026-05-11 11:32:02 UTC
SHA-256: de276a8b3e29086f…
URL: https://conductatlas.com/platform/openai/openai-eu-terms-of-use/cross-border-data-transfers-to-the-united-states/
Accessed: May 20, 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 Cross-Border Data Transfers to the United States clause do?

The provision operationalizes data transfer compliance under EU data protection frameworks by specifying the contractual mechanism (Standard Contractual Clauses) that governs the lawfulness of moving personal data outside the EEA to a jurisdiction with different data protection standards.

How does this clause affect you?

Users from the EEA, UK, and Switzerland acknowledge that their personal data will be processed in the United States under Standard Contractual Clauses, which serve as the binding mechanism for such transfers. The terms apply as written upon continued use of the service.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 1 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.