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GDPR and DPA for AI: review the agreement and the data flow

When a processor agreement is needed, how OpenAI and Anthropic describe their terms, and what to prepare for legal review and technical implementation.

Author

Syntalith

Published Updated 3 min read

A data processing agreement, or DPA, governs the relationship with a provider acting as a processor. Article 28 GDPR requires appropriate processor terms when the provider processes personal data on your behalf. Not every recipient has that role. A DPA also does not establish that your company may submit any document to an AI service. Article 28 GDPR

Before deployment, connect the contractual terms to the actual workflow: inputs, connected systems, stored outputs and people with access. This guide helps prepare the technical and legal review. The client approves the specific processing arrangement with the appropriate specialist.

Establish which personal data the task needs

Information about a company is not always personal data. A named CRM contact, customer case or employee record may identify individuals. Confidentiality still matters when a document falls outside GDPR. European Commission explanation

Record the purpose and the minimum fields required. Establish the lawful basis, transparency obligations and retention period. Selecting a model or disabling training does not supply the company's lawful basis.

For example, drafting a complaint response may require a description of a defect and a policy extract. A complete CRM export contains much more information, and its necessity needs a separate justification. Preparing customer data for AI

A DPA does not always need a separately signed PDF

Article 28 allows written agreements in electronic form. Processor terms may be incorporated into accepted service terms. What matters is whether they apply to the purchased product, the correct organisation and the intended data scope.

OpenAI's DPA describes incorporation into its services agreement and its processor role for covered customer data. Anthropic explains that its DPA is automatically part of the Commercial Terms of Service. Purchasing through a reseller or another platform requires a review of the relevant contractual chain.

Do not assume every individual subscription has the same terms as a commercial service. Keep the applicable version and a record of who accepted it for the company.

Review both the contract and the product

AreaDecision to makeEvidence for the workflow
Roles and instructionsWho acts as controller and processor?Contract and processing description
SubprocessorsHow are further processors authorised and changes communicated?Applicable terms and provider list
AccessWho can retrieve files, outputs and connected-app data?Configuration and a test-account check
RetentionWhat remains after a conversation or user is deleted?Rules for files, history, logs and copies
Rights and incidentsHow does the provider help with requests and breaches?Procedure, contact route and responsible owner
TransfersDoes data move outside the EEA, and under which conditions?Data-flow description and applicable transfer mechanism

Article 28 covers matters including instructions, confidentiality, safeguards, assistance, return or deletion and information needed to demonstrate the processor's obligations. Article 32 safeguards are risk-based. An Article 35 impact assessment is required where processing is likely to result in high risk; using AI alone does not automatically trigger it. GDPR text

European hosting does not finish the assessment

Review access, subprocessors and connected services too. GDPR does not require every AI system to operate entirely on premises. Transfers outside the EEA must meet the relevant Chapter V conditions, for example through an adequacy decision or appropriate safeguards. A storage-region statement does not automatically describe every processing operation.

Likewise, no training does not mean zero retention. OpenAI and Anthropic describe business data protections and separate storage arrangements for products and features. OpenAI Enterprise Privacy, Anthropic retention

What Syntalith prepares and what it costs

An AI process audit starts at €600 net. The core deliverables are a process map, architecture, implementation plan and fixed build quote. For a task involving personal data, we can agree a scope covering data flows, access requirements and technical acceptance checks. This gives the person conducting the legal review a description of the actual proposed solution.

This is a technical and process engagement. Legal advice, approval of the lawful basis and any required impact assessment remain with the client's appropriate specialists. Configuration, integration development and software subscriptions need an agreed scope and budget.

Once the environment is approved, team training, from €600 net per day, helps employees practise data preparation and output review. Start with a free 30-minute scan: describe the workflow, users and types of information involved.

Sources and service prices checked on 30 September 2026. Confirm the terms covering the selected product and purchasing route before ordering.

OpenAI Select Partner

Syntalith is an OpenAI Select Partner in the OpenAI Partner Network.

We help your team respond to customers faster and find information in company documents. We choose and set up the right AI tools, then teach your team how to use them.

How to introduce ChatGPT and OpenAI at work
Syntalith is a member of Claude Partner Network, Anthropic's partner program.

Denotes membership in Anthropic's partner program for Claude. Not an endorsement of Syntalith's services by Anthropic.

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