Is ChatGPT safe for my company? (GDPR)

ChatGPT is enterprise-usable under conditions: with an « Enterprise » or « Team » account your data isn't used to train models and data residency is better framed. On the free tier, caution, don't input sensitive data. GDPR sets a framework most large European companies formalise via internal policy.

Is ChatGPT safe for my company? (GDPR), implementation-side?

ChatGPT is not intrinsically GDPR-compliant nor intrinsically non-compliant. Compliance depends on subscription tier, configuration and data flow, not on the tool itself. Three tiers coexist in 2026.

Tier 1, ChatGPT Free and Plus. Default terms: OpenAI may use conversations to train its models, unless explicit opt-out (Settings > Data Controls > « Improve the model for everyone » disabled). Without that opt-out, any data typed can feed a future model, including personal or confidential data. For a company handling customer data or trade secrets, this tier is not compliant with GDPR Article 6 (lawful basis) nor Article 5 (purpose limitation).

Tier 2, ChatGPT Team and Enterprise. Default terms: no training on customer conversations. OpenAI provides a signable DPA (Data Processing Agreement) compliant with GDPR Article 28. Data is encrypted at rest and in transit. ChatGPT Enterprise also offers SSO, audit logs, retention control. "ChatGPT Team and Enterprise can be considered GDPR-compliant provided a DPA is signed, a DPIA is run if sensitive data is involved, and an internal usage policy is in place," explains Lorenzo Eeman, founder of PROEMA.

Tier 3, OpenAI API or Azure OpenAI. The strictest for enterprise: no default training, standard DPA, EU hosting available via Azure OpenAI (West Europe or Sweden Central regions). For enterprises under CNIL, DPO or sector constraints (banking, healthcare, public sector), Azure OpenAI is the preferred route in 2026.

Three concrete actions. One: formally ban via internal policy the use of ChatGPT Free/Plus with customer data. Two: if usage is widespread, subscribe to ChatGPT Team at minimum (SMB) or Enterprise (groups), with signed DPA. Three: train teams on what counts as personal data under GDPR (name + email + any indirect identifier) and register the usages in the processing register (GDPR Article 30). The EDPB announced that its 2026 Coordinated Enforcement Action targets specifically transparency and information obligations (Articles 12, 13, 14 GDPR), controls will intensify on generative AI this year.