AI and data protection: work in compliance with GDPR

The use of AI tools like ChatGPT raises important data protection issues. What data can be entered? How to ensure GDPR compliance? What risks are there?

This guide gives clear answers and practical recommendations for action for the data protection-compliant use of AI in the company.

The challenge: AI and personal data

AI and data protection: work with AI in accordance with the GDPR.

When planning AI and data protection: work in compliance with GDPR from idea to delivery, Data Analytics & Business Intelligence, Cost Calculator: AI Development sowie Discover solutions offer practical next steps on our site.

AI systems such as ChatGPT process the entered data on servers of providers – often outside the EU.

If personal data are transmitted, the strict rules of the GDPR apply. Companies must ensure that they comply with these rules to avoid fines and damage to reputation.

⚠️ Attention: Frequent data protection cases

• Input of customer data (names, email addresses, order history)

• Processing of employee data (personal files, performance assessments)

• Upload of documents with personal information

• use of AI for decisions affecting persons

GDPR basics for AI use

The main principles

Principle Meaning for AI

Legality There must be a legal basis for data processing

Switching Data may only be processed for specified purposes

Data minimisation Only process needed data – do not enter unnecessary information

Save limitation Save data no longer than needed

Integrity Ensure appropriate security measures

Practical measures for GDPR conformity

1. Choose the correct AI version

Short: Not all AI tools are the same.

Not all AI tools are the same. For corporate use, you should choose versions that explicitly provide privacy features:

✓ Recommended options

• ChatGPT Enterprise/Team: Data not used for training, SOC 2 certified

• Microsoft Copilot (Business): Data stay in Microsoft Cloud, GDPR

• On-premise solutions: Local AI models that do not send data to the outside

2. Data anonymize before entering

If you need to work with data that may contain personal information, anonymize it before entering:

• Replace names with placeholders (e.g. "Person A", "Kunde X")

• Remove email addresses and phone numbers

• Generalize specific data (e.g. "Great Town in Bavaria" instead of "Munich")

3. Establish clear guidelines

Create binding corporate policies for AI use:

Define which data types may be entered List explicitly prohibited data categories Set approval processes for sensitive applications School all employees on these guidelines Document the use for compliance purposes

4. Check contract processing agreement (AVV)

If personal data is processed, you will need a contract processing contract with the AI provider. Check:

• Is an AVV present and signed?

• What standard contract

References and further reading

The following separate references complement the topics in this article:

• Bitkom – German digital industry association.
• German Federal Office for Information Security (BSI).
• European Commission – Digital strategy.
• MDN Web Docs (Mozilla)
• W3C – World Wide Web Consortium.

"Privacy by design is an architecture issue—especially when master data is personal."

— Björn Groenewold, Managing Director, Groenewold IT Solutions

Frequently Asked Questions (FAQ)

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