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Using ChatGPT in a company in compliance with data protection

Which versions are suitable for business use, which data is off limits and what your data protection officer should check.

ChatGPT has long been in use at many companies, often through employees’ private accounts. That is convenient, but risky from a data protection perspective. This guide shows how to get business use right.

The problem with private accounts

With free or private accounts, the company has no contract with the provider, no overview of what is entered, and no control over settings such as the use of data for training. That makes them unsuitable for personal or confidential data.

The business versions

OpenAI offers dedicated plans for businesses. According to the provider, data from these plans and from the API is not used to train the models by default. For certain enterprise and education plans, as well as the API, OpenAI also offers to store data in Europe. Which options apply to which plan changes regularly and should be checked with the provider before you decide.

Checklist for business use

  • Use a business version instead of private accounts and prohibit private accounts for work purposes.
  • Sign a data processing agreement with the provider.
  • Check the settings: training disabled, storage location and retention clarified.
  • Set rules on what data may be entered. An AI policy helps.
  • Train your employees. To AI training
  • Document it in the record of processing activities.

Which data is off limits

Even with a business version, the rule is: as little personal data as possible. Names, addresses, health data or personnel files do not belong in a general AI chat. It is often enough to anonymise data beforehand, for example “Customer A” instead of the name.

When you want more

If workflows are to use AI regularly, for example to sort enquiries or draft replies, connecting through an automation platform makes sense. There you can control precisely which data goes to the AI and which does not. On request, AI models that run on your own servers can also be connected. Example: AI reply draft

As of November 2026. This guide does not replace data protection advice. Information on provider features is based on their own publications.

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FAQ

Is my input used for training?

According to OpenAI, data from the business versions of ChatGPT and from the API is not used for training by default. Free and private accounts have different settings.

Are there alternatives?

Yes. Besides other AI providers, there are solutions hosted on servers in Germany, as well as AI models that can be run on your own servers.

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