ModelCharter

Is ChatGPT GDPR compliant?

Yes

OpenAI · AI assistants

Yes. OpenAI offers a Data Processing Agreement (DPA) for ChatGPT, the baseline GDPR control when a vendor processes personal data on your behalf.

What we checked

This assessment separates the consumer product from any business plan. It uses the vendor documents linked below; an unverified item is not a pass.

Data Processing Agreement
Confirmed
OpenAI publishes a DPA. A DPA is necessary but does not replace your own lawful-basis, DPIA and transfer assessment.
EU data residency
Confirmed
OpenAI documents an EU data-residency option; confirm it is enabled for the account and workload in scope.
Default data training
Opt-out required
On free/Plus consumer ChatGPT, conversations are used to improve models by default unless you turn off 'Improve the model for everyone' in data controls.
Business-tier training
No by default
OpenAI does not train on inputs or outputs from ChatGPT Team, ChatGPT Enterprise, or the API platform by default.
Practical risk: Consumer/free ChatGPT uses your chats for training unless you proactively disable it, so staff pasting work data into personal accounts can leak it into model improvement.

How to make a decision

Check the precise account tier, written contract and intended data before approving ChatGPT. A security certification, DPA or setting can apply to only part of a vendor's service. Keep the source links with your supplier review and revisit them when the vendor changes its terms.

More on ChatGPT

See the full ChatGPT risk profile, with every data-handling fact and its source, or browse all rated AI tools.