Do I need a Data Processing Agreement for AI tools?
Yes, in most cases. As soon as an external AI provider processes personal data on your behalf, a Data Processing Agreement (DPA) under Art. 28 GDPR is mandatory. This applies to cloud-based AI tools, API services, and SaaS platforms that work with your data.
For every AI tool, check: Is personal data being transmitted? Are inputs stored or used for training? Where is the data processed? For many common AI tools, GDPR compliance is not guaranteed out of the box. A DPA alone is not sufficient; it must be complemented by technical measures such as anonymization and access controls.
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