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 provision establishes the operational framework for data portability in M&A and insolvency scenarios, clarifying that personal data constitutes a transferable asset subject to succession rather than requiring individual user authorization for each corporate transaction. It defines the scope of circumstances under which data handling obligations may transfer to a new entity.
Under this clause, users' personal data may be transferred to a successor entity upon specified corporate events without requirement for affirmative user consent. The provision extends the applicability of OpenAI's data handling obligations to acquiring or successor entities in defined circumstances.
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"Business transfers: We may transfer your personal data to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of OpenAI's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.— Excerpt from OpenAI's Privacy Policy (ROW)
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This provision establishes the operational framework for data portability in M&A and insolvency scenarios, clarifying that personal data constitutes a transferable asset subject to succession rather than requiring individual user authorization for each corporate transaction. It defines the scope of circumstances under which data handling obligations may transfer to a new entity.
Under this clause, users' personal data may be transferred to a successor entity upon specified corporate events without requirement for affirmative user consent. The provision extends the applicability of OpenAI's data handling obligations to acquiring or successor entities in defined circumstances.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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