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GDPR and AI: assess the actual use

An AI product is not a blanket permission, and a well-known provider is not automatically disqualified. Purpose, data, agreements, configuration and actual processing matter.

AI LabsUpdated 1 sources

Consent is not the only possible legal basis

Article 6 GDPR provides several legal bases. The appropriate basis depends on the purpose and circumstances. Special categories of personal data additionally require consideration of Article 9.

A blanket claim that entering personal data into any AI tool is unlawful without consent is too broad. Equally, stating that a service is hosted in Europe is not enough.

Four questions about the data route

Data minimisation, a clear processing purpose, retention periods and limited access provide the starting point. Processor arrangements under Article 28, safeguards under Article 32 and, where relevant, international transfers form part of a combined assessment.

  • Document purpose and legal basis
  • Review the agreement and subprocessors
  • Organise deletion and data-subject rights
  • Assess risks and whether an impact assessment is needed

Technology supports implementation

Masking, access controls and logs can reduce risk and make processes reviewable. The requirement for a legal basis remains. AI Link onboarding connects technical and organisational requirements with the responsible people in the business.

Sources & further reading

Original research, provider documentation and further reading on the concepts and figures discussed here.

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