AI tools and GDPR: What you need to be aware of

As AI tools become more deeply integrated into websites, customer service, and content production, new GDPR-relevant questions arise. As a data controller, it is important to understand how AI tools process personal data.

Why are AI and GDPR relevant to your website? When you use an AI chatbot, AI writing tool, or AI-powered analytics feature, personal data about your visitors or customers could potentially be sent to an external AI provider. This triggers GDPR obligations that you need to handle appropriately.

Important questions to ask before implementing an AI tool

  • Where is data processed? Does the data processing take place within the EU/EEA or is the data transferred to third countries (e.g. the USA)? For transfers to third countries, a valid transfer mechanism is required, typically Standard Contractual Clauses (SCCs)
  • Is there a data processing agreement? The AI ​​provider is typically a data processor, and as a data controller, you must have a data processing agreement (DPA) in place before personal data is processed.
  • What is your data used for? Some AI providers use input to train their models unless you actively opt out. Always check the provider's terms and opt-out options
  • How long is the storage period? Find out how long the AI ​​provider keeps logged data and whether it aligns with your own retention policy

WordPress 7.0's approach to AI and privacy A positive example is WordPress' new Connectors system, which is built with transparency in mind: AI features don't send data to a provider until you've actively configured the connection and given consent. This gives site owners a high degree of control over which AI features are active and which provider is used.

Practical recommendations – Update your privacy policy if you implement AI features that process visitor or customer data – Where possible, choose AI providers with EU data centers or clear GDPR guarantees – Avoid sending sensitive or unnecessary personal data to AI tools – Always have a human option for insight and complaint if an AI chatbot handles customer service

Relationship with the EU AI Regulation (AI Act) In addition to GDPR, the EU’s AI Regulation is relevant to businesses using AI systems. The regulation introduces risk-based transparency and documentation requirements, particularly for AI systems that interact directly with consumers, such as chatbots. Stay up-to-date on how the requirements are evolving and affecting your business.

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